Alhaji Otaru & Sons Limited V. Audu Idris & Anor (1999)

LAWGLOBAL HUB Lead Judgment Report

U. ONU, J.S.C.

This appeal is sequel to the majority judgment of the Court of Appeal, Kaduna Division (Coram: Mohammed, J.C.A. as he then was, Akpabio J.C.A. vis-‘a-vis the minority judgment of Ogundere, J.C.A.) which on 24th July, 1989, set aside the judgment of the Kwara State High Court (Olagunju, J. as he then was) holden in Okene dated the 14th day of May, 1987.

The plaintiff/appellant’s claim, founded in negligence as against the defendants/respondents jointly and severally and as contained in paragraph 21 of its statement of claim was as follows:-

“21. By reasons of the above premises the plaintiff claims as per

the writ of summons and as follows:

Special damages

Value of vehicle – N30,000.00

Loss of income and use

Income/loss of income per day at N 120.00 – N20,000.00

Loss of use for construction work

(Cost of hire of alternative vehicle) -N 12,000.00

General damages -N 4,000.00

TOTAL – N 66,400.00

Pleadings were ordered, filed and exchanged by the parties with the defendants/respondents amending their statement of defence. The case subsequently went to trial with the plaintiff/appellant (hereinafter referred to as appellant) calling six witnesses while the defendants/respondents (in the rest of this judgment referred to as respondent referred to as respondents) for their part, called five witnesses.