Godwin Moghalu V. Rodrick Egwungwu Ude & Anor (2000)

LawGlobal-Hub Lead Judgment Report

MUSDAPHER, J.C.A.

Following an accident that occurred along Kaduna-Lokoja road at a point opposite Buvel Petrol filling station Zuba on the outskirts of the Abuja Capital Territory on the 1/10/94, the plaintiff who is the appellant in this appeal sued the defendants claiming the sum of N1,062,364 being special and general damages for negligence. The defendants also counter-claimed a total sum of N1,516,490 being also special and general damages in negligence for the same accident.

In order to fully comprehend the facts, it is necessary to reproduce the facts relied upon and pleaded by both parties. In his pleadings the plaintiff averred:-

2. The plaintiff is the registered owner of Mercedes-Benz saloon car with registration No. KD 5747 KN.
3. The 2nd defendant is the registered owner of vehicle No.AN 3599 GA and employer or/and master or/and principal of the 1st defendant.
4. The plaintiff further avers that on 1st of October, 1994, he was returning to Gwagwalada from Kaduna in his vehicle No.KD5747 KN in company of one Chinedu and Miss Gloria Odinya Ezeugwu.
5. The plaintiff further avers that he was driving his said vehicle carefully on his own side of the road at the Lokoja-Kaduna road.
6. The plaintiff states that on getting to Buvel filling station Zuba, the 1st defendant drove and manage vehicle with Reg. No.AN 3599 GA negligently across the Lokoja-Kaduna road hitting the plaintiffs vehicle at the door pillar on the grass verge of the left lane at about 1.10p.m. and thereby causing extensive damage to the car and injured the passengers.
7. That as a result of the accident, Chinedu Oginya died after some hours at IBB Specialist Hospital, Minna.

PARTICULARS OF NEGLIGENCE

a. Driving at an excessive speed.

b. Entering into a major road without any proper look-out from Buvel filing station, Zuba.

c. Crossing unto the wrong side of the road and thereby colliding with the plaintiff.

d. Failing to keep any or proper look out or to have any or any sufficient regard for other traffic, particularly on-coming traffic on the said road.

e. Failing to have or to keep any or any proper control of the said lorry.

f. Driving the said lorry with worn-out tyres.

g. Failing to stop or to slow down so as to manage or control the said lorry to avoid collision.

9. The plaintiff avers that, when the 1st defendant emerged suddenly from Buvel filing station Zuba, he immediately applied his brakes swerved to the grass verge of the left hand side of the road in order to avoid the collision.
10. The plaintiff states that, because of the excessive speed the 1st defendant drove his lorry into the major road, he could not control his vehicle and crossed into the left-lane and hit his car at the grass verge of the left-lane.
11. As a result of matters aforesaid, the plaintiff has suffered damages and loss.

PARTICULARS OF DAMAGES

(1) SPECIAL DAMAGES

N : K