Emmanuel Okpanum Vs S.G.E. Nigeria Limited (1998)

LAWGLOBAL HUB Lead Judgment Report

ONU, J.S.C.

This is an appeal against the decision of the Court of Appeal of the Enugu Judicial Division sitting in Enugu. The decision dated 9th December, 1988 leading to the setting aside of the judgment of Abakaliki High Court delivered in Suit No. AB/12/81 on the 22nd day of March, 1982 culminated in the dismissal of the plaintiff/respondent/appellant’s case. For ease of reference, the plaintiff/respondent/appellant shall in the rest of this judgment be referred to as plaintiff while the defendant/appellant/respondent shall hereinafter be referred to as defendant.

Facts relevant to this appeal may be stated briefly as follows:-

The plaintiff, a motor transporter by a writ of summons issued in the High Court, Abakaliki, of the former Anambra State of Nigeria (later Enugu State but now Ebonyi State) claimed against the defendant, a road construction company in paragraph 6 of his statement of claim as follows:-

“6. Whereof the plaintiff has suffered damage and claims:

(a) N30,000.00 (Thirty thousand naira) general and special damages from the defendant in negligence.

Special damages:

(a) Value of the Mercedes Benzlorry completely damaged beyond repairs N14,400.00

(Receipt for vehicle purchase will be founded upon).

(b) Cost of towing the vehicle from Ogbala, scene of accident to Urunebo village, Enugwu-Ukwu N500.00

(c) Cost of labour hired to watch the vehicle for 3 days (night and day) at N40.00. N120.00

(d) Loss of use of vehicle from date of accident up to date of judgment at N100.00 per day .

(e) General damages N15,600.00

Whereof the plaintiff claims as per writ.”