CORAM

PARTIES

1. ALHAJI ISIYAKU YAKUBU ENTERPRISES LTD2. ALHAJI ISIYAKU YAKUBU APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiffs had in the High Court obtained judgment against the Defendants which states that the Defendants shall pay damages to the Plaintiffs. There was no appeal against the judgment. The Defendants promptly paid the sum awarded to the Plaintiffs who objected and insisted that the amount awarded as damages was more than the amount paid as per their writ of summons. In furtherance of their claim the Plaintiffs attached some of the Defendants’ properties by virtue of a writ of execution issued by the same court. In a reaction, the Defendants filed a motion praying the court to set aside the writ of attachment and the execution. The Plaintiffs opposed. The learned trial Judge granted the prayers of the Defendants and re-affirmed his earlier judgment that he only awarded the Plaintiffs N5,000 (five thousand naira) as damages and not N5,000,000 (five million naira) as claimed by the Plaintiffs. The plaintiff aggrieved by the above Ruling, appealed to the Court of Appeal. The Court of Appeal dismissed the appeal and, a further appeal was lodged in the Supreme Court.

HELD

The appeal was dismissed.

ISSUES

What was the actual amount of damages awarded by the trial High Court to the Plaintiffs? Was is N5,000,000 (five million naira) or N5,000 (five thousand naira) as stated and confirmed by the trial judge himself? ?

RATIONES DECIDENDI

CASES CITED

None

STATUTES REFERRED TO

None

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