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ABUBAKAR & ANOR.
V.
JOSEPH & ANOR.

(2008) JELR 49403 (SC)

Supreme Court 6 Jun 2008 Nigeria
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- The 1st appellant sued the respondents for damages resulting from a collision between two vehicles. - The trial court awarded damages in favor of the 1st appellant, but the Court of Appeal set aside the judgment and dismissed the claims.

Case Details

Suit Number:SC.10/2002
Judges:SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria MARIAM ALOMA MUKHTAR Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:M.N. Ibrahim Esqr.Moses E. Agwulonu For Appellant Y.C. Maikyau Esqr.Miss P.Y. TukhurMiss S.I.Adamu For Respondent
Other Citations:Abubakar v Joseph (2008) 13 NWLR (Pt.1104) 307 (2008)34 NSCQR Pt II 1195 (2008)34 NSCQR Pt II 1195, (2008) JELR 53124 (SC)

G. A. OGUNTADE, JSC (Delivering the Leading Judgment): The 1st appellant in this appeal commenced his suit at the Minna High Court of Niger State claiming against the respondents special and general damages the breakdown of which is as stated hereunder:

"(a) Cost of replacing the plaintiffs now completely cannibalized vehicle N1,500,000.00

(b) Loss of use of vehicle from date of accident to date of filing this suit N1,008,000.00

(c) Cost of hiring another vehicle to convey goods from point of accident N15,000.00

(c) 9 months payment of watchmen guarding Plaintiff's vehicle at N75.00 per day each N40,000.00

Total Special Damages N2,563,500.00

(e) General Damages N7,500,000.00

(f) Interest on the judgment sum at 25% from 9/12/91 to date of judgment

(g) Interest on the unpaid judgment sum at the Court rate of 10% (0.40117) from the date of judgment until the judgment debt is fully and finally paid.

(h) Such further or other order(s) as the court may deem fit and just to make in the cir…

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