David Taylor & Anor. V. Edwin Ogheneovo (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMIRU SANUSI, J.C.A.(Delivering the Leading Judgment)

The plaintiff, now respondent took a Writ of Summons at the Edo State High Court of Justice (the lower court) against the defendants, now appellants. The plaintiff (respondent) was a motorcyclist engaged in commercial transport with his motorcycle as well as a motorcycle mechanic. On 14/2/96, he took a passenger on his motorcycle and going along Effurun Road.

At a point, he dropped his passenger on the pedestal walkway and not on the main road. While standing near his motorcycle far from the tarred portion of the road, a vehicle driven by the first defendant/appellant, an expatriate drove off the main road and hit the plaintiff on the spot where he was standing. As a result of that, plaintiff’s left leg was broken and he also sustained some injuries all over his body. The motorcycle also got completely destroyed.

Sequel to that the plaintiff/respondent instituted the suit at the lower court and claimed the under mentioned damages:-

SPECIAL DAMAGES

1. Pains suffering and inconveniences N100,000.00

b). Loss of amenities of life and job opportunity N500,000.00

c). Permanent disfigurement N200,000.00

d). Loss of Expectation of life N100,000.00

e). Cost of Vehicle charter to place of traditional treatment N180,000.00

f) Charges for traditional treatment N80,000.00

g) Purchase price of destroyed motor cycle N40,000.00

Loss of Earnings from 15/7/195 to 30/9/96 at

N7,000 daily for transport and technicians business N546,000.00

B- General Damages N3,254,000 .00