HERITAGE BANK PLC v. S & S WIRELESS LIMITED & ORS
April 10, 2025HOTEL & CATERING SERVICES LIMITED v. UNCLE T. FURNITURE COMPANY NIGERIA & ANOR
April 10, 2025Legalpedia Citation: (2018) Legalpedia (CA) 11571
In the Court of Appeal
HOLDEN AT MAKURDI
Thu Nov 1, 2018
Suit Number: CA/MK/165/2017
CORAM
JUMMAI HANNATU SANKEY, JUSTICE, COURT OF APPEAL
ONYEKACHI AJA OTISI, JUSTICE, COURT OF APPEAL
JOSEPH EYO EKANEM, JUSTICE, COURT OF APPEAL
PARTIES
AHILE SEKAV DANIEL
AKPERAN ORSHI COLLEGE OF
AGRICULTURE, YANDEV
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant, a student in the Respondent institution sat for his final exams sometime in 2009. During the conduct of one of the examinations, he was accused of exam malpractice, and so the Respondent refused to release his HND/Statement of Result and Certificate. The Appellant denied this allegation and after failed attempts to get his results, he filed an action before the High Court of Justice, Benue State sitting in Gboko against the Respondent and its Rector wherein he sought for the release of his HND/Statement of Result and Certificate; the sum of 5, 000, 000.00 (Five Million Naira), only as specific damages; and the sum of N50, 000,000.00 (Fifty Million Naira), only as general damages. In their defence, the Respondent and its Rector denied the claim. At the close of trial, the lower Court struck out the name of the Rector as the 2nd Defendant entered Judgment in favour of Appellant in terms of his first relief only. No findings were made in respect of the second and third reliefs sought by the Appellant for special and general damages. Dissatisfied the Appellant filed this appeal contending that the failure of the lower Court to consider his reliefs on special and general damages and make a pronouncement one way or another amounted to grave error on the part of the Court.
HELD
Appeal Allowed
ISSUES
Whether or not the trial High Court was right in failing to decide on reliefs (b)and (c) of the reliefs sought at the trial.
RATIONES DECIDENDI
CASES CITED
Not Available
STATUTES REFERRED TO
Court of Appeal Rules, 2016|