Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ABUBAKAR & ANOR.
V.
JOSEPH & ANOR.

(2008) JELR 49403 (SC)    

Supreme Court  ·  SC.10/2002 ·  6 Jun 2008 ·  Nigeria
 · 
Other Citations
Abubakar v Joseph (2008) 13 NWLR (Pt.1104) 307 (2008)34 NSCQR Pt II 1195 (2008)34 NSCQR Pt II 1195
CORAM
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

Ratio Decidendi

Core Terms Beta
evidence
court of appeal
respondents
plaintiffs
appeal
learned trial judge
trial court
trial judge
high court
counter-claim
acts of negligence
grounds of appeal
1st respondent
1st appellant
general damages
trial
2nd appellant
absence of any finding of negligence
2nd respondent
favour of the 1st plaintiff
b-g. see
circumstances of this case
court rate
cross-appeal
date of accident
driver of the 2nd respondent
evidence of p.w.2
evidence of p.w.3
following terms
general damages n7,500,000.00
judgment of the trial court
judgment sum
leading judgment
loss of use of vehicle
minna high court of niger state
negligence of the 1st respondent
plaintiffs counsel
point of accident n15,000.00
said trailer no
suit n1,008,000.00
support of their case
vehicle n1,500,000.00

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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