Abdullahi Hussaini & Anor V. Eberechukwu Ogbuokiri (2003)

LawGlobal-Hub Lead Judgment Report

MOHAMMED, J.C.A. 

This is an appeal against the judgment of Akaahs, J (as he then was), of the Kaduna State High Court of Justice sitting at Kaduna and delivered on 16/1/96. The respondent was the plaintiff at the trial court and had instituted his action against the appellants who were the defendants and claimed against them jointly and severally in paragraph 13 of the statement of claim as follows:

“(a) The sum of five hundred Naira daily from 24th July, 1992 (being daily loss of use to the plaintiff) until the determination of this suit and/or until the defendants pay the Judgment debt.

(b) The sum of N600,000.00 (Six hundred thousand Naira) only being the market value of the plaintiffs vehicle less the scrap value as compensation or damages for the plaintiffs vehicle which is a total wreck.”

The parties duly filed and exchanged pleadings before the case went to trial in the course of which the plaintiff testified and called 4 witnesses who testified in support of his claims while 2 witnesses gave evidence for the defendants in their defence to the action. At the conclusion of the hearing, the learned trial Judge in his judgment delivered on 16/1/96, found in favour of the plaintiff and awarded a total sum of N393,500.00 as damages against the defendants.

The defendants who were aggrieved by that judgment then decided to appeal against it by their notice of appeal containing 5 grounds of appeal. Briefs of arguments comprising appellants’ brief of argument, respondent’s brief of argument and appellants’ reply brief of argument were duly filed and served before the appeal was heard on 31/10/2002. In the appellant’s brief of argument, the following 2 issues were formulated from the 5 grounds of appeal filed by the appellant for the determination of the appeal. The issues are:

“1. Whether the trial Judge properly directed himself on the facts, law and necessary conclusions arising therefrom in arriving at the award of N393,500.00 as general and specific damages in favour of the respondent?.

2. Whether the award of N393,500.00 is correct?.”

In the respondent’s brief of argument also, 2 issues were identified for the determination of the appeal as follows:

“(a) Whether ground 1, 4 and 5 of the grounds of appeal are competent grounds of appeal?.

(b) Whether the award of damages in the sum of N393,500.00 in favour of the respondent was legally right in view of the appellant’s admission of negligence?.”

The respondent, apart from filing a respondent’s brief of argument had also filed a notice of preliminary objection challenging the competence of 3 of the appellants’ 5 grounds of appeal. The grounds of appeal attacked by the preliminary objection are grounds 1, 4 and 5 which read:

“1. The learned trial Judge erred in law and misdirected himself when he awarded the sum of N393,500.00 as damages.

Particulars

(i) Based on the learned trial Judge’s reasoning and on the facts finding of the sum of N600,000.00 as the market value of the vehicle was erroneous.