(2018) JELR 38994 (SC)    

Supreme Court  ·  SC.246/2009 ·  8 Jun 2018 ·  Nigeria
Other Citations
Unifam Ind. Ltd. v. Ecobank (Nig.) Ltd (2019) 1 NWLR (Pt. 1653) 187
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria
Core Terms Beta
res ipsa loquitur
trial court
doctrine of res ipsa loquitur
petrol service station
record of appeal
statement of claim
armed robbers
said bus
2nd defendant
leading judgment
learned trial judge
favour of the plaintiff
prima facie case
appellants petrol service station
statement of defence
armed robbery attacks
bus no. xb
learned justices of the court of appeal
maxim of res ipsa loquitor
negligent act of the defendants
appeal of the respondents
brief facts
case of the defendants
cause of the crash
decision of the high court of anambra state
decision of the lower court
durosaro v ayorinde
end of trial
evidence of dw1
ezemba v ibeneme
finding of the lower court
general damages
judgment of the court of appeal
lead evidence
ltd v ekwens
mercedes marcopolo bus
plaintiffs petrol station
pleaded fact
plea of res ipsa loquitor
plea of res ipsa loquitur
similar issues
specific particulars of the negligence
such circumstances of negligence

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Enugu Division, delivered on the 20th day of May 2009, allowing the appeal of the respondents from the decision of the High Court of Anambra State in suit No: A/25/2003 dated the 3rd day of February 2005. The brief facts relevant to the appeal are as hereinunder stated.

By paragraph 14 of its statement of claim, the plaintiff/appellant's claims against the defendants/respondents jointly and severally is for:-

"(1) The sum of N13,532,464.00k (Thirteen million, five hundred and thirty two thousand, four hundred and sixty four naira) being special and general damages arising from the damage and loss occasioned to the Plaintiff by the defendants.

(2) Cost of the action.

The defendants/respondents denied liability in their statement of defence.

With pleadings filed and exchanged, the case proceeded to trial.

The plaintiff/appellant's case is that the negligent act of th…

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