Nigeria Bottling Co. Plc. & Anor. V. Mr. Odutola Oresanya (2009)

LawGlobal-Hub Lead Judgment Report

ISTIFANUS THOMAS, J.C.A.

This appeal is against the judgment of High Court, Abeokuta, Ogun State delivered by Olapede, O. O., Judge, delivered on 02-06-2005.

The brief fact of the case is that the Respondent as Plaintiff instituted the suit against the 2 appellants as Defendants claiming the sum of N2,000,000.00 as special and general damages for the motor accident which occurred on 19-05-2003 along Akarigbo Street, Isale-Ako Sagamu due to the negligence of the 2nd appellant who at the material times, was a driver in the employment of the 1st Appellant. During proceedings of the suit at the lower court, parties exchanged their pleadings and it was adjourned to a date for hearing. The Respondent testified as PW1 and called another witness who testified as PW2. The Appellants who filed their joint statement of defence and was represented by a learned counsel, failed to call any witness for their defence by resting their case on that of the Respondent. In a reserved judgment delivered on 02-06-2005, the trial judge entered judgment in favour of the Respondent for a total sum of N1,206,200.00 (One million, two hundred and six thousand two hundred Naira) only. The total award was in respect of the special and general damages.

Dissatisfied with the decision of the trial court on the award, the appellant filed their notice of appeal on 07-06-2005 containing seven (7) grounds of appeal.

By rules of this court both parties filed and exchanged their respective briefs. They adopted and relied on their briefs. The Appellant, distilled their grounds of appeal and formulate the following 6 issues for determination:-

“(i) whether the learned trial judge, rightly or wrongly applied the doctoring of Res Ipsa Loquitor to the Respondent’s suit. (ground 1).

(ii) Whether the Respondent proved his allegation of dangerous and reckless driving as required by law? (ground ii).

(iii) Whether the learned trial judge rightly made the award of special damages in favour of the Respondent?(grounds iii & iv)

(iv) Whether the learned trial judge is justified in awarding general damages of N500,000.00 against the appellants? (ground vi)

(v) Whether the learned trial judge rightly or wrongly held that it is not necessary to call the spray-painter who painted the Respondents vehicle (ground v).

(vi) Whether the judgment is or not against the weight of evidence? (ground vii).”

On the part of the Respondent, the following issues were raised thus:-

“(a) Whether the doctrine of Res Ipsa Loquitor was properly applied in this case.

(b) Whether the Respondent proved his allegation of dangerous and reckless driving against the appellants.