ALHAJI MUSA YAU
V.
MACLEAN D. M. DIKWA

(2000) JELR 50564 (CA)

Court of Appeal · CA/J/188/98 · 23 Nov 2000 · Nigeria
·

Other Citations

Ya'u v. Dikwa (2001) 8 NWLR (Pt.714)127

CORAM

ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria ISA ABUBAKAR MANGAJI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

plaintiff

general damages

special damages

counsel

learned trial judge

vehicle

damages

exhibit c

loss of use

mr. amupitan

time of the accident

award of general damages

medical treatment

evidence of pw3

statement of claim

trial judge

mental injuries

specific loss

trial of this suit

award of these damages

breach of legal rights

briefs of argument

claim of negligence

cost of items

decision of the trial judge

end of the trial

interest of justice

judgment of the high court of justice jos

leading judgment

loss of use of the plaintiffs car

own issues

particulars of damages

pecuniary losses

plateau state of nigeria

pre-accident value

respondent shows

rules of court

set of items

such discretion

suit pld

totality of evidence

usage of the vehicle

valuation report of his vehicle

value of the plaintiffs vehicle

virtue of section

weight of evidence

wrong principle of law

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…

ALHAJI MUSA YAU V. MACLEAN D. M. DIKWA

ALHAJI MUSA YAU
V.
MACLEAN D. M. DIKWA