NIGERIAN MARITIME SERVICES LTD.
V.
AFOLABI

(1978) JELR 46361 (SC)    

Supreme Court  ·  SC.441/1975 ·  17 Feb 1978 ·  Nigeria
 · 
Other Citations
NIGERIAN MARITIME SERVICES LTD. v. AFOLABI (1978) 2 S.C. (REPRINT) 53
CORAM
DARNLEY A.R. ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
respondent
case
court
appellants
court of trial
daily sales
trial judge
loss of income
western state court of appeal
above contention
learned trial judge
privy council
trial court
unchallenged evidence
a. g. irikefe
award of damage
boshali case
central state
civil case
correct position
court order
cross-examination
defence counsel
evidence of average income of n50
federal supreme court
finding of the learned trial judge
given case
given time
high court
inter alia
judgment of their lordships of the judicial committee
leading judgment
lord guest
loss of sales
odulaja case
only ground of appeal
proof of daily sales
proof of special damage
proof of this head of claim
provided evidence
record shows
said lorry
statement of claim
such loss of profit
top floors of the premises
wrong decision

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): In this matter, the appellants were the defendants in the court below, while the respondent was the plaintiff. In the High Court of the then North Central State holden at Kaduna, the plaintiff had sued the defendants claiming diverse sums as damages for negligence arising from the handling of the defendant's lorry under the control of their driver and servant. The said lorry was negligently driven from the highway into the respondent's house and shop where it caused damage enumerated in the Statement of Claim.

The appellants appear to have accepted the finding of the learned trial Judge (Mohammed, J.), on the issue of their liability in law for the damage; their complaint deals solely with the award of damage made by the court under one of the particulars of claim.

The respondent under claim (g) of his PARTICULARS OF CLAIM", claimed:- "Loss of income at N50 a day for 30 days at N1,500."

There was unchallenged evidence before the…

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