Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2003) JELR 44797 (SC)    

Supreme Court  ·  SC.30/1999 ·  25 Apr 2003 ·  Nigeria
Other Citations
Cappa & D' Alberto Ltd. v. Akintilo [2003] 9 NWLR (Pt.824)49 (2003) 4 S.C (Pt.II) 1 (2003) 4 S.C (Pt.II) 1
CappaDAlberto Ltd. v. Akintilo (2003) 9 NWLR (Pt. 824) 49
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU 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 NIKI TOBI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court of appeal
sum of n2,000.00
learned trial judge
workmen of the appellant
following issues
admission of miss okoroma
loss of use
saloon motor car citroen xm
sum of n5,000.00
said award
matter of fact
leading judgment
statement of claim
leading judgment of the court
judgment of the court of appeal
cost of repair of the vehicle
solicitors of the respondent
admitted portion of the claim
admission of the respondent
s. m. a. belgore
course of negotiation
view of the quoted cost of repairs
federal housing authority
19th october
proof of his case
use of his car
following day
local government police
said letter
identity a-a2
oral evidence of the respondent
admission of the appellant
issue no.
loss of use of the damaged car
claim of n2,000.00
miss okoroma
background of other facts
flat no. 10d
behalf of his client
compound of lagos state development
respect of the replacement of the broken windscreen
supreme court rules
trial court
respect of admission of part
strong point

N. TOBI, JSC (Delivering the Leading Judgment): Saloon motor car Citroen XM with registration number LA 2202. As was owned by the respondent, Deji Akintilo. He is the plaintiff. He lawfully parked the vehicle in the compound of Lagos State Development and Property Corporation Flats at Adeola Odeku Street, Victoria Island. Respondent occupied Flat No. 10D and the car was parked in the appropriate parking lot attached to his residence. On 19th October, 1990, the workmen of the appellant negligently allowed flying stones to drop on the rear windscreen of the car and shattered same and caused damage to the car. The car which was imported from France was the newest and latest model.

On 22nd October, 1990, the solicitors of the respondent in exhibit B wrote to the appellant asking that the "damage be made good within 7 days." The letter also claimed the sum of N2,000.00 "per day for loss of use for as long as he is prevented from making use of his car." On 29th October, 1990, Messrs Glanvi…

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