OJEAHERE
V.
ALAKIJA & ORS.

(2011) JELR 44600 (CA)

Court of Appeal · CA/I/201/03 · 24 Mar 2011 · Nigeria

CORAM

SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

counsel

trial court

evidence

learned trial judge

5th respondent

funeral expenses

trial judge

respondents

cross appellants

cross-appellants

4th plaintiff

brief of argument

deceased person

evidence of pw1

principles of law

time of his death

torts law of oyo state

1st-3rd plaintiff

4th plaintiff claim

assessment of the evidence

decision of the trial court

part of the deceased

record of appeal

appellant akin ige esquire

award of the above judgment sum

cross appeal

determination of the court

different eye-witness versions

dumez vs. ogboh

finding of the learned trial judge

funeral expenses of n15000

insurance cover note

issue of the alleged negligence of the appellant

leading judgment

learned trial judges evaluation

ltd. vs. tiebo

negligence of the 1st defendant

ojukwu vs. ojukwu

paragraph e

paragraphs c-e

pound sterling

provisions of section

sums of various amounts

time of the death of the deceased

trial judge property

view of the fact

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated the 5th of September, 1989, the four (4) Respondents/Cross Appellants as plaintiffs at the Trial court instituted the initial suit No. 1/692/89 and seeking the sums of various amounts in Naira and Pound sterling (British) for Loss and Damages. (This is evidenced at pages 4-6 of the Record of Appeal).

The particulars of Loss and Damage suffered by the four (4) Respondents 1st- 4th were given as follows:-

(a) The deceased was at time of his death a healthy and happy man aged 48 and in his business was making an income in excess of N100,000:00 per annum in Nigeria and in excess of 8,500:00 (Euro) per month, overseas.

(b) The 1st-3rd plaintiff were teenagers at the time of the death of the deceased and were totally dependent upon the deceased for their education, care and upkeep at an average cost of 25, 855:00 (pounds) per annum made up as follows:-

School fees

1. Sean Alakija - 5100 (pounds) per annum

…

OJEAHERE V. ALAKIJA & ORS.

OJEAHERE
V.
ALAKIJA & ORS.