B. O. Benson Vs Lawrence Otubor (1975)

LawGlobal-Hub Lead Judgment Report

O. ELIAS, C.J.N. 

This is an appeal against the judgment of George, J., in Suit No. LD/232/71 delivered in the Lagos High Court on November 24, 1972 in which the plaintiff was awarded the sum of 750 as general and special damages suffered by the plaintiff in a motor accident resulting in damage to his Mercedes Benz Saloon car on July 15, 1970. The plaintiffs claim against the defendant is for the sum of 750 (Seven Hundred and Fifty Pounds) being special and general damages suffered by the plaintiff in a motor accident on the 15th of July, 1970 along the Carter Bridge, Lagos, as a result of the negligent driving of Francis Anizor the defendant’s driver in the course of his employment and in the management of the defendant’s vehicle No. MB 8132 whereby the plaintiff’s vehicle Mercedes Benz No. LN 594 was badly damaged and the plaintiff suffered loss thereby.

Particulars of Negligence:
The defendant’s driver was negligent in that

1. He failed to keep a proper look out;
2. He drove on the wrong lane on the Carter Bridge;
3. He failed to keep traffic regulations operative on the Carter bridge  between 7.00 and 8.30 a.m. on working days;
4. He failed to keep his vehicle under proper control so as to avoid collision with the plaintiff’s vehicle;
5. The defendant refused to pay the said sum of 750 despite repeated demands by the plaintiff.
6. As a result of the negligence of the defendant’s driver aforesaid the plaintiff suffered loss.
7. Particulars of Damages:

Special Damages
Cost of Repair to LN 594  487.2.6
Fee for Independent Engineer’s Report   7.7.0

General Damages
Loss of use for 28 days-15/7 /70 to 11/8/70
and inconvenience allowance   255.10.6
Total = 750.00.0

8. During the period that the plaintiff’s car was laid up, he suffered great hardship moving around in attending to his work both as Legal Practitioner and Secretary of various organisations like the Nigerian Bar Association, Church Committee and other Social functions.
Whereof the plaintiff claims the sum of Seven Hundred and Fifty Pounds (750.0.0d) as special and general damages from the defendant.

According to the plaintiff, the defendant’s vehicle (a Mercedes Benz lorry) was being driven on July 15,1970 on Carter Bridge, Lagos, by his servant, Francis Anizor, in the course of his employment in such a negligent manner that the said servant emerged furiously from the direction of Lagos Island into the third lane (on the Carter Bridge) in which the plaintiff was lawfully driving his car from the opposite direction of Ebute Metta between 7.00 a.m. and 8.30 a.m. There was in consequence a head-on collision with the plaintiff’s car in this third lane reserved only to traffic coming from Ebute Metta during that period every morning on working days.

The defendant, in his Statement of Defence, denies that his servant drove the vehicle in a negligent manner, and also denies the particulars of negligence and of the special and general damages claimed by the plaintiff whom he put to the strictest proof of his allegations of facts. In particular, the defendant challenged the plaintiff’s averment that it was the defendant’s servant that drove in the wrong lane at the material time on the day of the accident.

At the trial of the action, the plaintiff gave evidence of how the accident occurred as follows:

“On that day between 7.30 a.m. and 7.45 a.m., I was driving my car from the Mainland towards Lagos. The car is LN 594. It is a Mercedes Saloon Car, as I was on the Carter Bridge on the 3rd lane towards Lagos, I suddenly saw a Mercedes Benz lorry MB 8132 owned by the defendant which was on the 1st land from Lagos towards Ebute Metta when the defendant’s lorry suddenly left that lane and came to my own lane facing me directly. There were four lanes on the Carter Bridge, two towards Lagos and two towards Ebute Metta.

As a result of police direction vehicles coming from Ebute Metta were allowed to use lanes 1, 2 & 3 between 7.00 a.m. and 9 a.m. to ease traffic congestion. That was why I was on the 3rd lane. The defendant’s lorry left the 4th lane (or 1st lane from Lagos to Ebute Metta) and came to the 3rd lane directly opposite me. I applied my brakes and slowed down and the defendant’s car drove headlong and jammed my car. The driver of the defendant car was Francis Anizor. He came down and apologized. He explained that he was a stranger and did not know that he ought not to use that lane. I could not avoid the accident because vehicles were going on the 2nd lane towards Lagos and on the 4th lane towards Ebute Metta. As the driver admitted that he was at fault I did not press for police action. I reported the matter to my insurance company, the Guinea Insurance Company, who authorised and paid for my repairs.”

With regard to the claim for special and general damages, the plaintiff stated in evidence:

“The car was first examined by SCOA Automobile Engineering who examined the vehicle and estimated the repairs at 634.7.6d. This is their estimate. (Tendered admitted and marked Exhibit A). I paid 7.7.0d for the service of the Engineers. This is the receipt from the Engineers. (Tendered admitted and marked Exhibit B).