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CONSOLIDATED BREWERIES PLC & ANOR.
V.
AISOWIEREN

(2001) JELR 51727 (CA)

Court of Appeal 11 Jun 2001 Nigeria
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- The case arose from a motor vehicle accident on 11 July 1995 involving the respondent's Mercedes Benz lorry and the appellants’ lorry, resulting in severe damage to the respondent's vehicle and subsequent death of its driver. - The appell

Case Details

Suit Number:CA/B/204/98
Judges:NIKI TOBI, JCA BABA ALKALI BA’ABA, JCA KUMAI BAYANG AKAAHS, JCA
Counsel:Dr. B.A.M. Ajibade, Esq., for the Appellants; Chief C.O. Ihensekhien, SAN (with him, Ivie Eraga) for the Respondent.

TOBI, JCA (Delivering the Lead Judgment): The 11th day of July, 1995 was a fateful day. There was a motor vehicle accident which took the life of Daniel Oganbor Ojo. The accident involved the plaintiff’s vehicle, a Mercedes Benz 911 Lorry with Registration No. BD 482 N and the 1st defendant’s vehicle, another Mercedes Benz 1213 Lorry with Registration No. OG 6591 JA. The 2nd defendant who is one of the appellants in this court, was the driver of the 1st defendant/appellant. He was the driver of the Mercedes Benz 1213 Lorry involved in the accident. As a result of the accident, the driver of the plaintiff, was severely injured. He died subsequently. The plaintiff is the respondent in this appeal.

The respondent made the following claims:

(a) The sum of N2,500,000.00 being total cost of purchasing a new complete engine, cost of motor spare parts (towing of the damaged lorry) and cost of repairs and labour in respect of the plaintiffs lorry.

(b) The sum of N1,010,000.00 being “Loss of us…

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