(2011) JELR 44600 (CA)    

Court of Appeal  ·  CA/I/201/03 ·  24 Mar 2011 ·  Nigeria
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
trial court
learned trial judge
5th respondent
funeral expenses
trial judge
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

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