C.C.C. Construction Nigeria Limited V. Richard Okeke (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This Appeal is against the Judgment of Hon. Justice V. N. Agbata of the High Court of Anambra State, Holden at Aguata Judicial Division, delivered on the 20th of July 2010.

SYNOPSIS OF FACTS

By Writ of Summons filed on the 27th of June 2007, and in Paragraph 15 of the Statement of Claim filed on same date, the Plaintiff/Respondent claims from the Defendants/Appellants the following:

1) The sum of N1,500,000.00 (One million five hundred thousand naira being the special damages of the estimated value of the Plaintiff goods/wares damaged and injury suffered by the Plaintiff arising from the defendant’s negligent act. – Pages 1-8 of the Record of Appeal.

2) The sum of N500,000.00 (Five Hundred Thousand Naira) being general damages for the injury, pains and losses occasioned and suffered by the plaintiff as a result of the defendant’s negligence.

The Plaintiff/Respondent’s case is that the Appellant, with its excavator at its construction site, in the course of construction work, hit and broke down the wall of the Respondent’s shop, consequently damaging his

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goods.

The Plaintiff suffered from the negligent act of the Appellant.

In his defence, the Appellant states that the shop of the Plaintiff collapsed without having any contact with the Appellant’s excavator. That indeed the wall of the Respondents shop fell outwardly, and the goods displayed were still standing intact.

At the trial, the Respondent testified and called one witness. He tendered six Exhibits.

The Appellant called three witnesses and tendered one Exhibit.

After the conclusion of hearing, the learned trial Judge held the Appellant liable in negligence, and awarded the sum of N600,000.00 (Six hundred thousand naira) as special damages and N50,000.00 as General Damages. Also awarded cost of N20,000.00 in favour of the Respondent.