Fabian Uzochukwu v. Taiwo Ibrahim & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OKON EFRETI ABANG, JCA (Delivering the leading judgment)

This appeal is against the judgment of Federal High Court Coram Honourable Justice B. F. M. Nyako dated 29th April, 2010 dismissing the appellant’s suit.

The suit was initially filed and partly heard in Abuja Division of the court. However upon the transfer of His Lordship, the matter was concluded in Lagos Division of the Federal High Court, bench.

The facts leading to the matter being instituted by the appellant that led to this appeal are as follows;

This is a case of motor accident that occurred at the U-turn between Madaka junction and Zuma Rock along Kaduna, Abuja Road involving the appellant’s Water Tanker with Registration No. NIGER XB 352 SUL and the 2nd respondent’s Coaster Bus with Registration No. FG 119 T143J driven by the 1st respondent.

Considering the averment in paragraph 8 of the 1st and 2nd respondents’ amended statement of defence dated 5th February, 2010 at page 106 of the record and the evidence of DW1 in chief at page 139 of the record, the 1st and 2nd respondents at the police station in Madalla Suleja admitted responsibility for the accident and undertook to effect repairs of the appellant’s vehicle.

Both parties then entered into a gentleman agreement, the police thereafter released the appellant’s vehicle to the 2nd respondent to effect repairs.

That on the appellant’s several visits to where the vehicle was to be repaired, the appellant found out that the respondents failed to effect repairs as promised and that the vehicle was further damaged and vandalized.

This made the appellant decline to collect the vehicle from the 2nd respondent. The appellant’s vehicle remained in the custody of the 2nd respondent till date.

That this led the appellant to file the instant suit leading to this appeal. The appellant at the trial court claimed against the 1st and 2nd respondents as follows;

(a) The sum of N858,164.08 that is the pre-accident value of the plaintiff’s vehicle

(b) The sum of N250,000.00 monthly for loss and use of the vehicle starting from 29th November for 5 months making the total sum of N1,250,000.00

(c) Substantial cost of the action, the total sum of the plaintiff against the defendants is the sum of N2,108,164.08

On its part, the 2nd respondent being the 2nd defendant at the trial court stated that after effecting repairs on the appellant’s Water Tanker on 26th January, 2006, that to the embarrassment of the respondents, the appellant refused to take delivery of his Water Tanker on the ground that the vehicle has not been repaired hence this suit was commenced against the respondents.