Ratio DecidendiRatio DecidendiRatio Decidendi


(1975) JELR 49257 (SC)    

Supreme Court  ·  SC.320/1974 ·  27 Jun 1975 ·  Nigeria
Other Citations
(1975) 1 All N.L.R 360 (1975) 6 S.C. 57
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
general damages
learned trial judge
special damages
original position
1st defendant
award of general damages
loss of earnings
double compensation
present case
circumstances of this case
negligence of the 2nd defendant
bisiriyu odegbeson
car no. lc
d. o. ibekwe
driver of the 1st defendant
extra money
favour amounts
following grounds
high court
judgment kazeem j.
leading judgment
loss of profit
mr. a. o. koku
mr. k. sofola
narrow issue
particulars of the damage
plaintiffs bedford bus no. lk
present plaintiff
private vehicle lc
rawyards coal co.
simple reason
s. s. valeria
statement of claim
such claim
supreme court
view of my findings

D. O. IBEKWE, J.S.C. (Delivering the Leading Judgment): The narrow issue which this court is called upon to determine in this appeal is as to whether the learned trial judge's award of general damages to the plaintiff after he had already awarded special damages in his favour amounts to double compensation or not. On 27th August, 1969 the plaintiff brought an action against the defendants jointly and severally in the High Court, Lagos, claiming the sum of 1,500 (One Thousand, Five Hundred Pounds) being special and general damages suffered by the plaintiff which arose out of the negligence of the 2nd defendant who in the course of his employment with the 1st defendant was the driver of the 1st defendant's car No. LC 1993 on 12th June, 1966 along Lagos Ikorodu Road in consequence of which the plaintiffs Bedford Bus No. LK 8376 was badly damaged.

The particulars of the damage were set out as follows:


Cost of repairs 855.16.7d

Loss of earnings 285. 0.0d

General Damag…

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