(1978) JELR 49367 (SC)    

Supreme Court  ·  SC.242/1976 ·  31 Mar 1978 ·  Nigeria
Other Citations
(1978) All N.L.R 98 (1978) 3 S.C. 137
DARNLEY A.R. ALEXANDER Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria
Core Terms Beta
general damages
loss of profits
learned trial judge
office equipment
measure of damages
award of general damages
evidence of the first respondent
items of special damage
learned judge
market value
value of the goods
award of 2,000pounds
awards of special damages
damaged goods
exhibit b.
n. l. r.
valuation report
above statement of the law
abraham njidike
application of the above mentioned principle
award of 8,943.9p
awards of the learned trial judge
consequence of that accident
evidence of the first respondent shows
evidence shows
following rules
futile attempt
high court
issue of damages
lord wright
m. bello
monthly profits
numerous cases
owners of the former vessel
period 15th march
police report
principle of restitution
respect of the award
respect of the award of 2,000pounds
shop of the respondents
special damages
sum of 10,943.9p
unrebutted evidence of the first respondent
unsupported evidence of the first respondent

M. BELLO, J.S.C. (Delivering the Leading Judgment): A bus belonging to the Appellants strayed from the highway and crashed into the shop of the Respondents. As a consequence of that accident, the Respondents instituted an action in the High Court, Lagos, claiming against the Appellants special and general damages for negligence. The Appellants conceded liability for negligence and, accordingly, the learned trial judge found them liable.

He awarded the Respondents the sum of 10,943.9p (N21 ,887.18).This appeal is only concerned with the issue of damages. One of the main complaints of learned counsel for the Appellants at the hearing of the appeal is that the learned trial judge erred in law in his award of 8,943.9p as special damages when the items of special damage were not strictly proved. He contended that the Respondents are not entitled to recover any damages for the goods damaged on the ground that the damaged goods had been salvaged by the Respondents who failed to produce them…

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