Chief J. A. Adenugba & Anor. V. Woli Elijah Okelola (2007)

LawGlobal-Hub Lead Judgment Report

JOHN INYANG OKORO, J.C.A.

This is an appeal against the judgment of A.A. Sanda, J. of the Oyo State High Court holden in Ibadan which judgment was delivered on the 22nd day of April, 2004 in suit No. 1/12/2001. At the court below, the Appellants were the Defendants and the Respondent the Plaintiff who claimed against the Defendants both in the writ and statement of claim [paragraph 24] as follows:-

“Whereof the Plaintiff claims against the Defendants jointly and severally the sum of Five Million Naira [N5m] only being General and Special Damages when on the 21st day of July, 2000, at OJOO JUNCTION, IBADAN, a motor vehicle Bedford Lorry Truck with Registration Number AE 120 BDJ owned by the first Defendant under the management and control of the second defendant as the driver upon being negligently and recklessly driven by the second Defendant while in the employ of the first Defendant emerged from the IWO ROAD side of the expressway Ibadan, lost control mechanically and finally collided with and crashed into Plaintiff’s motor vehicle, Toyota Litace Bus with Registration Number XA 298 BKN (Osun) which is presently a write-off.

PARTICULARS OF SPECIAL DAMAGES:-

1. Estimated current Market Value of Plaintiff’s motor vehicle N500,000.00 (Five hundred thousand naira) only
2. Loss of use of the motor vehicle and attendant loss of daily net profit of N2,000.00 (Two thousand naira) as from the 21st day of July, 2000 till the time of filing this suit 4th day of, January, 2001 less Sundays =N2,000 x 144 = N288,000.00 (Two hundred and eighty-eight thousand naira) only
3. Loss of use of the motor vehicle and attendant loss of daily Net profit of N2,000.00 (Two thousand naira) as from the 5th day of July, 2001 till the determination of this suit.
4. Interest of 21% on the total value of Special damages as from the 21st day of January 2001 till judgment is delivered.
5. Interest of 10% on the quantum of judgment awarded till its liquidation.

GENERAL DAMAGES = Two Million naira (N2m) only”

Pleadings were filed and exchanged. A summary of the facts giving birth to this appeal is that on 21st July, 2000, at about 2.30 pm, along the Sango-Ojoo road, Ibadan, the 2nd Appellant who at the material time was driving a Bedford Lorry With Registration Number AE 120 BDJ (Oyo) being in the employ of the first Appellant, hit from the rear the vehicle of the Respondent, a Litace Toyota Bus with Registration number XA 298 BKN (Osun) which at that lime was driven by PW2. This impact pushed the Respondent’s vehicle to hit another vehicle in front as there was traffic hold up. Whereas the Respondent says the vehicle was a write-off and beyond repairs, the appellant says the damage was minor and that the car could have been repaired. The 2nd Appellant attributed the cause of the accident to mechanical defect being inevitable accident arising from brake failure of his vehicle.

After taking evidence and the addresses of both counsel, the learned trial judge entered judgment for the Plaintiff/Respondent thus:-

“(1) Judgment for the Plaintiff against the 1st and 2nd Defendants jointly and severally for a sum of N450,000.00 being the value of the Plaintiffs damaged vehicle.

(2) Judgment for the Plaintiff against the 1st and 2nd Defendants jointly and severally for a sum of N2,000.00 each for working days i.e. Monday – Saturday for Six months from the 21st day of July, 2000 to 21st day of January, 2001.

(3) Judgment for the Plaintiff against the 1st and 2nd Defendants jointly and severally for interest to be calculated at the rate of 10% per annum from today the 22nd day of April, 2004 until the whole debt is finally liquidated.

(4) The claim of the Plaintiff for a sum of N2m (Two Million Naira) as general damages is hereby dismissed for being a double compensation after the award of loss of use”.

Being dissatisfied with the stance of the learned trial judge, the Appellant, on 26th April, 2004 filed notice of Appeal containing four grounds of appeal praying the court to allow this appeal and dismiss the claim of the Plaintiff. S.A. Onadele Esq, of counsel, decoded three issues on behalf of the Appellant for the determination of this appeal. The issues are:-

(1) Whether upon a proper evaluation of the evidence before the court and an appropriate finding thereon, the learned trial judge could not have held that there was no sufficient proof that the Respondent’s vehicle which is the subject matter of the action was damaged “beyond repairs” or was a “write-off’ to justify the award of the value thereof.

(2) Whether [assuming that the vehicle was a “write-off’] having regard to the pleadings and evidence before the court the respondent as required by law sufficiently pleaded or proved the sum of N450,000.00 awarded as the value of the damaged vehicle.