Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ANYAH
V.
IMO CONCORDE HOTELS LTD.

(2002) JELR 49436 (SC)    

Supreme Court  ·  SC.175/1995 ·  13 Dec 2002 ·  Nigeria
 · 
Other Citations
ANYAH V. IMO CONCORDE HOTELS LTD. (2002) 12 S.C. (PART II) 77
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
respondents
duty of care
hotel
court of appeal
security men
cross-appeal
metal disc
special damages
statement of claim
3rd defendants
3rd respondents
trial court
gate of the hotel
plastic disc no.
breach of duty of care
breach of that duty
dominant issue
learned trial judge
light of the facts of this case
premises of the 1st respondent
hotel security men
owners park
part of the respondents
respectful view
servants of the 1st defendant
such duty of care
sufficient evidence
unauthorized person
users of the car park
value of plaintiff
value of the appellant
ac saloon car
briefs of argument
concord hotel
considered judgment
cost of hiring car
co-workers of the 2nd dw
c saloon car registration no. im
given time
imo state high court
leading judgment
learned trial judge nwogu
legal person
loss of his peugeot
loss of the said car
properties of others
value of the cross-respondent
width of the security gate

U.A. KALGO, JSC (Delivering the Leading Judgment): By a writ of summons issued at the Imo State High Court, in the Owerri Judicial Division, on the 17th of March 1987, the appellant as plaintiff claimed against the respondents jointly and severally, as defendants, the sum of ₦150,000,00 (One Hundred and Fifty Thousand Naira) as general and special damages in that between the 19th and 20th of December 1986, the appellant suffered the loss of his Peugeot 505 SR A/C Saloon Car registration No. IM 6582 AF parked in the premises of the 1st respondent along Port Harcourt/Owerri/Road, due to the negligence and/or breach of duty of care on the part of the respondents. And by paragraph 15 of the statement of claim, particulars of claim were set out thus:-

Special damages

a. Value of plaintiff's Peugeot 505 SR/AC Saloon Car less than 12 months old at that time of loss...........₦65,000.00

b. Cost of hiring car at ₦20.00 for 42 days ₦840.00

c. General damages......₦84,160.00

₦150,000.00

Pleadings …

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