(2003) JELR 44785 (CA)    

Court of Appeal  ·  CA/K/23/98 ·  15 Jan 2003 ·  Nigeria
Other Citations
Hussaini v. Ogbuokiri [2004] 7 NWLR (Pt.873)524
MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
learned trial judge
trial court
court of appeal rules
award of n393,500.00
present case
award of damages
determination of the appeal
sum of n600,000.00
trial judge
case of ugo v
favour of the respondent
rules of this court
basis of the respondent
competent grounds of appeal
market value of the vehicle
notice of appeal
notice of preliminary objection
scrap value
briefs of arguments
daily loss of use
determination of this suit
evidence of pw5
formulated grounds of appeal
judgment of akaahs
kaduna state high court of justice
leading judgment
long collision accident
market value of the plaintiffs vehicle
plaintiffs vehicle
result of the respondent
statement of claim
support of his claims
supreme court
total sum of n393,500.00
view of the appellant
year of the accident

MOHAMMED, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Akaahs, J (as he then was), of the Kaduna State High Court of Justice sitting at Kaduna and delivered on 16/1/96. The respondent was the plaintiff at the trial court and had instituted his action against the appellants who were the defendants and claimed against them jointly and severally in paragraph 13 of the statement of claim as follows:

"(a) The sum of five hundred Naira daily from 24th July, 1992 (being daily loss of use to the plaintiff) until the determination of this suit and/or until the defendants pay the Judgment debt.

(b) The sum of N600,000.00 (Six hundred thousand Naira) only being the market value of the plaintiffs vehicle less the scrap value as compensation or damages for the plaintiffs vehicle which is a total wreck."

The parties duly filed and exchanged pleadings before the case went to trial in the course of which the plaintiff testified and called 4 witnesses who testifi…

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