(1998) JELR 45587 (CA)    

Court of Appeal  ·  CA/J/66/96 ·  11 Feb 1998 ·  Nigeria
Other Citations
Audu v. Okeke (1998) 3 NWLR (Pt.542)
Audu v. Okeke (1998) 3 NWLR (Pt. 542) 373
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria
Core Terms Beta
special damages
general damages
loss of rent
1st appellant
learned trial judge
statement of claim
award of n15
weight of evidence
2nd appellant
credible evidence
exceptional circumstances
items of special damages
leading judgment
mere fact
oral evidence
award of n52
brief oral submission
cases of kerewi v. odegbeson
cases of lion eze herbert osuji
copy of the lead judgment
cost of house n50,000.00
damaged building
end counsel
evidence of the items
extensive damage
general damages n22,400.00
general damages of n15
instant appeal
inter alia
makurdi sessions of this court
markudi high court
motor vehicle accident
mr. a. olatunde
particulars of such claim
plaintiff claims
rebuilding of the damaged house
reserved judgment
respondent samuel okeke
see briggs v
special damages of n53
specific amount
support of the amount
total value
value of each item

EDOZIE, J.C.A.: (Delivering the Leading Judgment): The respondent Samuel Okeke was the plaintiff before the Markudi High Court in Suit No. MHC/57/89 which he instituted against the appellants as defendants. The action arose from a motor vehicle accident which occurred on or about the 3rd day of August 1988. On that day, the 1st appellant who was the driver of a Mercedes Benz Lorry 911 registered as PL 90 SA belonging to the 2nd appellant had the vehicle loaded with bags of beans and was heading from Jos to Onitsha. On getting to Aliade in Gwer Local Government Area of Benue State, the vehicle veered off the tarred road and ran uncontrollably to crash into a house at No 7 Oturkpo Road belonging to the respondent which was about one hundred metres from the tarred road. The impact caused extensive damage to the respondent's house by destroying four of its rooms rented by tenants for commercial purposes. An agreement was reached between the respondent and the 2nd appellant for the rebuild…

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