Mr. Andy Obiora Onwunalu & Anor V. Dr. Emmanuel O. Uche Anor (2009)

LawGlobal-Hub Lead Judgment Report

TIJJANI ABDULLAHI, J.C.A.

This is an appeal against the decision of the High court of Justice, Rivers State (Coram) M. U. Odili (J) (as she then was) delivered on the 20th day of December, 2001 in which she found the Defendants/ Appellants liable in negligence and awarded special and general damages against them.

The Appellants were the Defendants in the Court below and were sued by Respondents who were the Plaintiffs in that Court as per their writ of summons filed on 5th day of April, 1995 and claimed as follows:

“The Plaintiffs claim against the Defendants jointly and severally for:

The sum of N25, 000, 000.00 (Twenty Five Million Naira) being damages for injuries to the 1st Plaintiff’s person and damages to 2nd Plaintiff’s car with registration No. RV 7018 D caused the Plaintiffs (sic) when the 2nd Defendant, a servant of the 1st Defendant so negligently drove, damaged and controlled the 1st Defendant’s vehicle with registration No. RV 7452 E by obstructing the road without any warning signals around the Rumuigbo – Nkpolu junction along the East West Road within the jurisdiction of the Honourable Court and thereby caused or permitted the 2nd Plaintiff’s vehicle driven by the 1st Plaintiff to collide with it from the rear at night on the 7th day of December, 1994,”

The facts of the case as can be gathered from the records are that: On or above the 7th day of December, 1994, the 1st Respondent left his house to his private clinic situate at No. 32 Rumuomoi Street, Rumuigbo, Port Harcourt driving in a Peugeot car Reg. No. RV 7018 D belonging to his wife, 2nd Respondent. Whilst driving to the said destination, he ran into a motor lorry with Reg. No. RV 7452 E, property of the 2nd Respondent driven, managed and controlled by the 1st Respondent.

1st Respondent, alleged that the 1st Appellant negligently drove the said lorry around Rumuigbo junction obstructing the road without any warning signals or devices that caused him to collide with the rear of the 2nd Appellant lorry. The particulars of the negligence were duly itemised.

The Appellants on their part denied being negligent and pleaded that when the said lorry developed fault at the Nkpolu/Rumuigbo junction, they parked off the road and put warning signs to warn other road users of the presence of their lorry. They pleaded that it was the 1st Respondent who was negligent in the way he drove the car, leading to the collision with the lorry at the rear.

Pleadings were filed and exchanged by the parties and the trial proceeded on the Plaintiffs’ amended statement of claim dated 08/07/97 and filed on 09/07/97″, the Defendants’ statement dated and filed on 26/08/95 and the Plaintiffs’ amended reply to Defendants’ statement of defence dated 13/02/2000 and filed on 22/02/2000. The matter proceeded to hearing. On the whole the Plaintiffs now Respondents called five witnesses. The 2nd Defendant now 2nd Appellant testified for the defence. Learned Counsel on the two sides exchanged written address. Thereafter, the matter proceeded to judgment.

In a reserved judgment, delivered on the 20th December, 2001, her Lordship held:

“Therefore I have no difficulty in granting judgment in favour of the Plaintiffs. However it must be pointed out that no amount could get the 1st Plaintiff to what he was before as shown and examined in his evidence and so while the Court sympathizes with the 1st Defendant, the employer of the 2nd Defendant some aspects of the damages claimed must be paid.

I hereby order:

(1) That Defendants pay to the Plaintiffs the sum of N500, 000.00 being cost of replacement of the Peugeot 305 Saloon car with registration No, RV 7018 D.

(2) N3, 000, 000.00 for the cost of specialized medical treatment in the Netherlands.