Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2000) JELR 43970 (CA)    

Court of Appeal  ·  CA/A/59/97 ·  5 Jul 2000 ·  Nigeria
Other Citations
Moghalu v. Ude (2001) 1 NWLR (Pt.693)1
Moghalu v. Ude (2001) 1 NWLR (Pt. 693) 1
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
1st defendant
excessive speed
general damages
special damages
learned trial chief judge
appellate court
proper look-out
1st defendant's view
high court
karina tunyan
said lorry
sufficient evidence
1st defendant drove
2nd defendant
accident scene
buvel filing station
buvel petrol filling station zuba
chief magistrate court gwagwalada
c j
cost of repairs
cross road
earlier finding of the learned trial judge
extensive damage
eye witness account of dw1
facts of this case
following findings of facts
grass verge of the left lane
issue of the liability
joint statement of defence
kaduna-lokoja road
leading judgment
lead judgment
learned trial hold
outskirts of the abuja capital territory
own side of the road
plaintiff claims
plaintiff drives
principal of the 1st defendant
proper control of the said lorry
registered owner of vehicle no.an
result of the accident
said road
vehicle no

MUSDAPHER, JCA (Delivering the Leading Judgment): Following an accident that occurred along Kaduna-Lokoja road at a point opposite Buvel Petrol filling station Zuba on the outskirts of the Abuja Capital Territory on the 1/10/94, the plaintiff who is the appellant in this appeal sued the defendants claiming the sum of ₦1,062,364 being special and general damages for negligence. The defendants also counter-claimed a total sum of ₦1,516,490 being also special and general damages in negligence for the same accident.

In order to fully comprehend the facts, it is necessary to reproduce the facts relied upon and pleaded by both parties. In his pleadings the plaintiff averred:-

2. The plaintiff is the registered owner of Mercedes-Benz saloon car with registration No. KD 5747 KN.

4. The 2nd defendant is the registered owner of vehicle No.AN 3599 GA and employer or/and master or/and principal of the 1st defendant.

5. The plaintiff further avers that on 1st of October, 1994, he was returning to…

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