Alhaji Musa Ya?u V. Maclean D. M. Dikwa (2000)
LawGlobal-Hub Lead Judgment Report
NZEAKO, J.C.A.
This is an appeal from the judgment of the High Court of Justice Jos, Plateau State of Nigeria, delivered in suit PLD/J/391/90 on 4th March, 1997, it is an appeal complaining about damages awarded the plaintiff by the learned trial Judge.
The plaintiff in the suit, who is the respondent in this appeal, had, by his writ of summons filed on the 3rd of March, 1990, claimed various sums as special and general damages from the defendant, now the appellant. The plaintiff was said to have suffered damage as a result of defendant’s negligence while driving his vehicle, 504 Peugeot Station wagon Taxi Cab No. PL 1956 JE on 18th December, 1988. For, the defendant caused his vehicle to violently hit the plaintiffs Peugeot saloon car No. PL 565 P, knocking it off the road, into the gutter where it caught fire. The car was completely burnt beyond redemption. The plaintiff was unconscious and was hospitalized.
Parties filed and exchanged pleadings. In the plaintiff’s amended statement of claim, he claimed as follows:-
Particulars of damages
Special damages
(a) i. Cost of 504 Saloon car Reg. No. PL 565 owned by the plaintiff completely burnt down by fire N47,750.0
- Value/Cost of items burnt in the vehicle N00.500.00.
(b) General damages:-
Plaintiff suffered physical and mental injuries. He was hospitalized and incurred expenses in getting medical treatment.
Plaintiff lost usage of the vehicle since then and has accordingly
incurred general damages assessed at – N292,000.00
N338,250.00
The plaintiff shall at the trial of this suit rely on the record of the Barakin Ladi Division of the Nigeria Police, in proving the extent of destruction caused and other matters shown there in:
The plaintiff shall further rely on the valuation report of his vehicle from Osiro Nigeria Ltd. of Plot LX 99T Liberty Dam layout off Maina Hotel Jos, dated 19th, September, 1991 showing the value of the plaintiffs vehicle prior to accident as follows:-
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