Armel’s Transport Ltd v. Transco (Nig) Ltd (1974)

LawGlobal-Hub Lead Judgment Report

A. G. IRIKEFE, J.S.C. 

When this appeal came before us on 7th October, 1974, after hearing counsel for the parties, we made the following orders:

(i) That the award of 500 (Five hundred pounds) general damages be refused:

(ii) That 3,940 (Three thousand nine hundred and forty pounds) be substituted as loss of earnings:

(iii) That 1,325 (One thousand three hundred and twenty five pounds) be confirmed as special damages for repairs:

(iv) That otherwise the appeal be dismissed; and

(v) That costs assessed at eighty-four Naira be awarded to the respondents.

We indicated at the time that we would give our reasons for making the above orders later, and we now do so. Before the High Court of Lagos State, the plaintiffs/respondents herein indorsed their writ against the defendants/appellants in the following terms:

The Plaintiff’s claim against the Defendants is for the sum of 6,525 {Six thousand Five Hundred and Twenty Five pounds} being special and General Damages suffered by the Plaintiffs as a result of the negligent repairs of the Plaintiffs’ Lorry Registration No. PL 2135 by the Defendants.PARTICULARS OF NEGLIGENCE

On or about the 24th day of April, 1968 the Defendants accepted the Plaintiffs’ lorry Mercedes Benz Type 1618 Registration No. P L. 2135 into their (the Defendants’) workshop at Apapa for repairs to the Engine, Gear Box, differential, water pump etc.

The said repairs was not “Completed” until the 9th day of September, 1968 when the Plaintiffs paid the Defendants’ bill of 181: 1: 10d but on inspection it was discovered that the repairs was badly done and the vehicle could not be driven out of the Defendant’s workshop.

The Defendants urged the Plaintiff to leave the Lorry with them and promised that proper repairs would be done.

The Defendants informed the Plaintiff of the completion of the repairs on the 30th December, 1968 but the said repairs was badly done and the vehicle was delivered in a worse condition than it entered the Defendants workshop.

The Plaintiffs were obliged to take the vehicle to Leventis Motors Ltd. Apapa for proper repairs which was completed on the 24th day of March, 1969.