ALHAJI MUSA YAU
V.
MACLEAN D. M. DIKWA
·
NZEAKO, JCA (Delivering the Leading Judgment): This is an appeal from the judgment of the High Court of Justice Jos, Plateau State of Nigeria, delivered in suit PLD/J/391/90 on 4th March, 1997, it is an appeal complaining about damages awarded the plaintiff by the learned trial Judge.
The plaintiff in the suit, who is the respondent in this appeal, had, by his writ of summons filed on the 3rd of March, 1990, claimed various sums as special and general damages from the defendant, now the appellant. The plaintiff was said to have suffered damage as a result of defendant's negligence while driving his vehicle, 504 Peugeot Station wagon Taxi Cab No. PL 1956 JE on 18th December, 1988. For, the defendant caused his vehicle to violently hit the plaintiffs Peugeot saloon car No. PL 565 P, knocking it off the road, into the gutter where it caught fire. The car was completely burnt beyond redemption. The plaintiff was unconscious and was hospitalized.
Parties filed and exchanged pleadings. In…