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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…

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