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



AG LEVENTIS NIGERIA PLC
V.
AKPU

(2007) JELR 44025 (SC)    

Supreme Court  ·  SC.140/2002 ·  15 Jun 2007 ·  Nigeria
 · 
Other Citations
A. G. LEVENTIS NIG. PLC v. AKPU (2007) 6 S.C. (Pt. I) 239 (2007) 17 NWLR (Pt. 1063) 416
CORAM
SYLVESTER UMARU ONU JSC DAHIRU MUSDAPHER JSC SUNDAY AKINOLA AKINTAN JSC MAHMUD MOHAMMED JSC IKECHI FRANCIS OGBUAGU JSC

Ratio Decidendi

Core Terms Beta
court
appellant
respondent
trial court
issue
appeal
particulars of negligence
learned trial judge
inter alia
statement of claim
general damages
j.s.c
sel car
award of damages
date of judgment
learned justices of the court of appeal
cost of replacement of the engine
evidence of p.w.1
finding of negligence
respondent's brief
respondent's case
said decision
suo motu
court of trial
grounds of appeal
high court
above claims
decision of the court of appeal
decision of the trial
duty of an appellate court
evidence of negligence
evidence of the parties
facts of this case
favour of the plaintiff
following terms
leading judgment
major piece of evidence
rebuttal of negligence lead
respect of all issues
respect of an award of damages
said 28th january
sel mercedes benz car
state of the car
s. u. onu
support of his case
trial judge
underlined sentence

I. F. OGBUAGU, J.S.C (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Enugu Division (hereinafter called "the court below") delivered on 3rd July, 2001 allowing in part, the decision of the trial High Court, Onitsha in Onitsha Judicial Division presided over by Nwankwo, J., delivered on the 18th May, 1998 in favour of the plaintiff/respondent.

Dissatisfied with the said decision, the appellant has further appealed to this court on four (4) Grounds of Appeal. Without their particulars, they read as follows:

GROUND ONE

"The learned Justices of the Court of Appeal erred in law in failing to consider or adjudicate upon a Ground of Appeal and issue for determination raised by the defendant/appellant, viz that the plaintiff/respondent failed to plead particulars of negligence and that consequent upon this failure, any evidence of negligence went to no issue".

GROUND TWO

"The learned Justices of the Court of Appeal erred in law when after stri…

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