United Cement Company Of Nigeria Limited & Ors V. Mrs. Charity Mbeh Isidor & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The instant appeal is a fall-out of the judgment of the High Court of Cross River State holden at Akamkpa Judicial Division, delivered on April 30, 2014 in suit No. HK/1/2012. By the said judgment, the Court below, coram Ikpeme, J. awarded general damages of N10,000,000.00 in favour of the claimant (1st Respondent) against the 4th and 5th Defendants (1st Appellant, 2nd and 3rd Respondents). Dissatisfied with the said judgment, the Appellant filed the notice of appeal thereof in the Court below on 15/05/2014.

BACKGROUND FACTS

The said suit leading to the appeal was instituted in the Court below by the 1st Respondent on January 27, 2012, thereby seeking the following reliefs against the 1st, 2nd and 3rd Appellants and 2nd and 3rd Respondents, jointly and severally the following reliefs:

(i) The sum of N500, 000,000.00 as general damages and exemplary damages for the unlawful arrest, detention, torture and death of the claimants benefactor in police custody upon the orchestration of the defendants;

(ii) An Order directing the defendants to henceforth be directly

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responsible for the up-keep of the deceased children; (sic).

Consequent upon the filing of pleadings by the respective parties the suit proceeded to trial. The 1st Respondent personally testified for the plaintiff. The Appellants, the 2nd and 3rd Respondents deemed it expedient to rest the case thereof on that of the 1st Respondent. At the close of trial, the learned counsel filed and adopted their respective written addresses. Thus, resulting in adjourning the case to 30/4/14 for delivery of judgment. On the said date, the Court below delivered the vexed judgment to the following conclusive effect:

“I find the 1st Defendant and 4th and 5th Defendants liable to pay the damages for the death of Mbeh Isidor, husband to the claimant and sole provider for her and their children before his death. In the circumstance, I award general damages of Ten Million Naira (N10,000,000.00) in favour of the claimant to be paid by the Defendant and 4th and 5th Defendants. I make no awards against the 2nd and 3rd defendants because from the facts of the case, they are employees and disclosed agents of the first Defendant being the principal.

The 2nd

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prayer asking for an order that the defendants henceforth be directly responsible for the upkeep of the deceased children is hereby refused.

SIGNED;