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EDIAGBONYA
V.
DUMEZ (NIG.) LTD & ANOR.

(1986) JELR 42593 (SC)

Supreme Court 13 Jun 1986 Nigeria
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- This is an appeal against the judgment of the Court of Appeal Division which reduced the damages awarded to the plaintiff in a negligence case. - The appeal is only against the quantum of damages, not liability. - The plaintiff sustained

Case Details

Suit Number:SC.125/85
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria
Counsel:F. A. Eduvie Esqr. For Appellant S. A. Asemota Esqr. (with him J. A. Awolade) For Respondent
Other Citations:Ediagbonya v. Dumez (1986) NWLR (Pt. 31) 753

KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Division sitting at Benin City which on the 13th December, 1984, set aside the judgment of the High Court, Benin City wherein, the present appellant as Plaintiff was awarded the sum of N50,540 as damages in an action for negligence against the defendants. The Court of Appeal has reduced the damages awarded to N15,000. This is the appeal before us. There is only one ground of appeal which is as follows -

"1. The damages awarded by Honourable Justice of Court of Appeal is unreasonably low having regard to the circumstances of the case."

The relief sought is to set aside the award of N15,000 general damages awarded by the Court of Appeal and to restore the general damages of N50,540 plus N600.75 costs awarded by the High Court, and to make such other orders or order as this Court may deem fit in the circumstances. It is clear from all the papers filed that the appeal is …

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