Oando Nigeria Plc V Adijere West Africa Limited (2013)

LAWGLOBAL HUB Lead Judgment Report

KUMAI BAYANG AKA’AHS, J.S.C.

The Respondent/Cross-Appellant was the Plaintiff at the trial court while the Appellant/Cross-Respondent was the Defendant. Around 10th January, 1998, the Defendant engaged the services of the Plaintiff’s tanker with registration No.AA418 LGJ to convey fuel from NNPC Jos depot to its service stations at Bauchi and Joseph Gomwalk Road in the Jos metropolis. While the tanker was discharging fuel at the Jos Road Filling Station there was a fire incident which resulted in the destruction of the entire tanker, its hose, spare tyre and jack. Consequent upon the fire incident, the Plaintiff commenced an action in Suit No.PLD/J/90/98 for negligence against the Defendant and in paragraph 26 of the Statement of Claim asked for N5,000,000.00 (Five Million Naira) only as special and general damages made up as follows:-

(a) N3,500,000.00 (Three Million Five Hundred Thousand Naira) only being the market value of the tanker

(b) The extra tyre N34,000.00 (Thirty-Four Thousand Naira) only

(c) Trailer Jack N6,000.00 (Six Thousand Naira) only

(d) Hose N30,000.00 (Thirty Thousand Naira) only

(e) Loss of earnings from 10th January 1998 to 31st March 1998 at the rate of N9,672.30k for 80 days giving a total of N773,784.00 (Seven Hundred, Seventy-Three Thousand Seven Hundred and Eighty Four Naira) only

(f) General damages N656,216 (Six Hundred and Fifty Six Thousand, Two Hundred and Sixteen Naira) only.

(ii) Plus loss of earnings from 1st April 1998 till total liquidation of judgment debt at the rate of N9,672.30k per day.

(iii) Interest on the judgment debt at the rate of 10%

The learned trial Chief Judge found the Defendant negligent after the parties had given evidence upon the pleadings filed and exchanged and in his judgment delivered on 28th April, 2000 entered judgment for the Plaintiff and made the following awards:

(i) N3.5million being the market value of a new truck

(ii) N9,672.30 daily as loss of earnings from 1/4/98 to 28/4/2000

(iii) N30,000.00 the loss of two hoses destroyed by fire