CaseLaw
Oladehin V. Continental Textile Mills (1978) CLR 2(h) (SC)
Judgement delivered on February 17th 1978
Brief
Facts
The appellants were the defendants in the High Court of Lagos State and the respondents the plaintiffs to 13 the suit claiming:The Respondents industrial waste and water damaged the appellant’s premises resulting in damages to their buildings. They had to reconstruct some of the buildings and repair others. The contractor who carried out these repairs gave evidence and testified as to the costs.
The particulars given were not challenged in cross-examination or by contrary evidence.
The trial judge granted only N260 out of the total claim of N22,000 or £11,000.based on the fact that the appellant did not depose to these facts in his affidavit filed along with a motion for interim injunction and concluded that the particulars of special damage were exaggerated. The appellant appealed against the award.