Mrs. Betty Darego V. A.G. Leventis Nigeria Limited & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of HON. JUSTICE A.M. NICOL-CLAY of the High Court of Lagos State delivered on the 24th day of November, 2010 wherein the trial court entered judgment for the appellant and dismissed the counter claim. The appeal is against refusal to award damages. Appellant filed a Notice of appeal dated 2nd February, 2011 on the 3rd February, 2011 setting out 9 grounds of appeal.

The brief facts of this appeal are that the appellant’s vehicle, a Mercedes Benz 230 with registration number CD-26-RC had an accident with 4th Respondent’s vehicle, a Mercedes Benz 200 with registration number EKO-78-SMK. The 4th Respondent accepted liability and submitted a copy of third party insurance policy with the 3rd Respondent to the appellant with a view to getting her car repaired but the 1st & 2nd Respondents, after taking possession of the Appellant’s car for repairs, failed to return same. The claim of the appellant at the Lower Court states thus:

“1(a) The immediate return of the Plaintiff’s Mercedes Benz 230 car with registration number CD-26-RC illegally, unlawfully and wrongfully converted on or about September 2001 by the defendants.

IN THE ALTERNATIVE

(b) The sum of N7,000,000.00 (Seven Million Naira) being the value of the car as at December 2002.

(2) The sum of N2,500.00 (Two Thousand Five Hundred Naira) being daily expenses incurred to secure alternative transportation from the 23rd of June 1999 till judgment and thereafter at the same rate till the judgment sum shall have been fully liquidated.

(3) The sum of N5,000,000.00 (Five Million Naira) being general damages for the illegal, unlawful and wrongful conversion of Plaintiff’s Mercedes Benz 230 car with registration number CD-26-RC by the Defendants.

(4) The sum of N5,000,000.00 (Five Million Naira) general damages for the inconvenience and pain meted out on the Plaintiff as a result of the default of the Defendants.

(5) And for such further or order(s)/relief this Honourable Court may deem fit to make in the circumstances.”

The matter went to full trial and judgment was entered for the Plaintiff finding that the appellant’s car was illegally and unlawfully converted by the 1st and 2nd Respondents since September 2001 but the Court refused to award N2,500.00 (Two Thousand Five Hundred Naira) per day being daily expenses for alternative means of transportation.

The Lower Court also refused to award the following:

(a) The sum of N7,000,000.00 (Seven Million Naira) being the value of the car but awarded N450,000.00 (Four Hundred and Fifty Thousand Naira) as the value of the car.

(b) The sum of N5,000,000.00 (Five Million Naira) general damages for inconvenience and pain meted out on the Appellant.