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CaseLaw

Adim V. NBC Ltd (2010) CLR 4(d) (SC)

Judgement delivered on April 30th 2010

Brief

  • Unchallenged evidence
  • Special damages
  • Award of damages

Facts

In the High Court of Justice of Lagos State, in the Ikeja Judicial Division and in suit No. ID/912/98, the Plaintiff claimed against the Defendants jointly and severally as follows:-

  • a
    "N1,640,043.95k (One Million, Six Hundred and Forty Thousand, Forty-Three Naira and Ninety Five Kobo) being special and general damages caused to the Plaintiff's Peugeot 504 saloon car Registration No. AM 506 BDG and personal injury(ies) suffered by the occupants of the Plaintiff's car as a result of the 2nd Defendant's negligent and reckless driving along Apapa Oshodi Expressway on the 29/10/1997.
  • b
    Costs of this action to be assessed but not below N100,000.00 (One Hundred Thousand Naira)."

At the trial, the Plaintiff filed a fifty paragraph (50) Statement of Claim, while the Defendants filed a thirteen (13) paragraph Statement of Defence. The Plaintiff testified in support of his claims and called two other witnesses, the Defendants rested their case on the evidence adduced by the Plaintiff and did not call evidence. With the consent of the parties written addresses were filed by the parties. In the judgment delivered by the trial Judge, he partially found for the Plaintiff as follows:-

"Judgment is hereby entered for the Plaintiff against the two Defendants jointly and severally as follows:-

  • 1
    Special damage Damage to property - Exhibit D.U.T.C. Estimate N879,793.95.
  • 2
    Medical bills - Exhibits E and E1 N162,750.00.
  • 3
    General damages is assessed at N200,000.00.

I am of the opinion that since the other occupants were paid for by the Plaintiff and were hospitalized on his own account, he has the right to claim for their expenses without making them parties to this action. xxxxxxxxxxxxxxx"

  • 4
    Costs N80,000.00."

At the hearing, the Plaintiff has claimed for loss of use of his damaged vehicle for 119 days from 29/10/97 to 24/2/98 and from then to the date of judgment at rate N2,500.00 per day, but the trial Judge did not make award for loss of use. The Plaintiff felt unhappy and appealed to the Court of Appeal on that point. The Defendants also felt dissatisfied with the judgment and also cross-appealed to the Court of Appeal. In its determination of the issues for the determination of the appeal and the cross appeal the Court of Appeal, as per the lead judgment of Oguntade J.S.C. (as he then was), which was concurred to by Galadima JCA and Aderemi JCA (as he then was) decided:-

  • 4
    "In the final conclusion, I make the following orders:
    • 1
      The appeal by the Plaintiff fails. It is dismissed.
    • 2
      The appeal by the Defendants partially succeeds. The award of N200,000.00 as general damages is set aside in its place I award N20,000.00.
    • 3
      The award of N80,000.00 as costs is set aside in its place, I award N10,000.00.
    • 4
      The judgment of the lower Court is affirmed in other respects.

    I make no order as to costs."

    The Plaintiff still feels dissatisfied with the decision of the Court of Appeal and has further appealed to this Court. The Notice of Appeal filed against the judgment of the Court of Appeal contains two grounds of appeal. The Defendants also felt unhappy and have filed a further appeal to this Court.

Issues

  • 1
    Was the Court of Appeal right to have disallowed the Appellant's claim...
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