Friday Ighodaro V. Elf Oil Nigeria Ltd & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering The Leading Judgment)

This is an appeal against the judgment of the Benin High Court presided over by Hon. Justice (Mrs) E.F. Ikponmwen delivered on 19/6/02 wherein the court dismissed the case of the Appellant in its entirety.

The Appellant’s case in the lower court against the Respondents, jointly is for the sum of (N10, 900,000.00) Ten Million, Nine hundred thousand Naira being special:-

(a) The sum of N10,900,000.00 ten million, Nine hundred thousand Naira) being special and general damages suffered by the Plaintiff in view of the arrest and detention of his vehicle by men of the Task Force on petroleum products and consequent loss to business.

PARTICULARS OF SPECIAL DAMAGES

(1) Loss of use for 42 days at N50,000.00 per day.- N2,100,000.00

(2) Cost of 16 tyres in the vehicle at N50,000 per one – 800,000.00

(3) Corrosion of the Tanks, brake pads, Batteries and repairs of electrical – 2,000,000.00

N4,900,000.00

(4) Defamation and loss of good will to business – 6,000,000.00 -N10,9000,00.00

The Appellant called 4 witnesses including himself and Respondent did not call evidence but addressed the court. In a considered judgment the court found as follows: I quote the relevant portion “Consequently I hold the defendants not liable for any of the special or general damages claimed. The claim for defamation is ridiculous and unserious. All the essential requirements for its proof are not made out. I dismiss in its entirety the claims of the Plaintiff which does appear gold digging”. The Appellant dissatisfied with the judgment appealed to this court.

Five grounds of appeal were filed on his behalf. They are hereunder set out without particulars:

1) The Learned trial Judge erred in law in failing to make any findings of fact, carry out an evaluation of the evidence received and ascribe probative value thereto regarding the plaintiffs claim in defamation and consequently reached a wrong decision.

2) The learned trial court erred in law when it held as follows: “The claim for defamation is ridiculous and unserious. All the essential requirements for its proof are not made out.