SHOREMI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Edo State dated 18th day of February, 2000.
The respondents as plaintiffs filed an action against the 1st and 2nd appellants jointly and severally, the sum of N18,541,000 being special and general damages for negligence resulting in a fatal motor accident on the 29th day of December, 1993 at Iguovbiobo Village within Abudu Judicial Division.
In the said accident one Joseph Abulime died. This action is at the instance of the beneficiaries or dependents of Joseph Abulime. The accident involved the 2nd appellant’s vehicle driven by the 1st appellant. Pleadings were filed and exchanged and the case went for trial and at the end of the proceedings, the learned trial Judge in a considered judgment found the 1st appellant liable in negligence and the 2nd appellant vicariously liable. The learned trial Judge in assessing damages , awarded a sum of N11,708,000.00 with N4,000.00 cost. It is …