Ifesinachi Industries Nigeria Ltd & Anor V. Chudi Veridical Company Ltd (2009)

LawGlobal-Hub Lead Judgment Report

SIDI DAUDA BAGE, J.C.A.

This is an appeal against the decision of High Court of Justice, Anambra State (“the lower court” for short) delivered on the 3rd of February 2006 (Coram Onochie, J) By the statement of claim which supersedes the Writ of summons, the Respondent as plaintiff at the lower Court, Instituted an action against the present appellants as defendants there at claiming against the defendants jointly and severally as follows:-

The sum of N13, 532, 464.00 (Thirteen Million, five hundred and thirty two thousand, four hundred and sixty four Naira) being special and general damages arising from the damage and loss occasioned to the plaintiff by the defendants.

(2) COST OF THE ACTION.

Briefly put, the facts of this case as could be gathered from the pleadings by parties and the reliefs sought are that the Plaintiff/Respondent claims that his new petrol station at Enugwu Agidi junction in Anambra State was disturbed in the early hours of the morning of 23rd May 2003. A Mercedes Benz Marcopolo Luxury bus No. XB 879 BDG belonging to the 1st defendant was attacked by armed robbers on its way from Jos to Onitsha. The bus driver, the 2nd defendant obviously in control of the said vehicle, drove it into the petrol station. In the resulting fire disaster, the plaintiff’s petrol station was substantially damaged.

The Plaintiff/Respondent demanded from the appellant a recompense of the damaged materials done to its service station on account of the negligent driving of the 2nd defendant. The appellants contended that the accident was occasioned by the armed robbery and not the negligence of the driver.

The learned trial Judge considered the whole case and found that the plaintiff who had pleaded negligence and the particulars of negligence had claimed in the alternative res ipsa loquitor and found for the plaintiff.

Dissatisfied with the judgment of the lower court dated 3rd February 2006, the defendants appealed to this court vide their Notice of Appeal dated 6th day of February 2006.

Both parties have in compliance with the rules of this Court filed their Brief of Argument in this appeal. The Appellants herein filed their joint brief of argument dated the 17th September 2007. The Respondent brief of Argument dated 5-6-08 was filed same date 5-6-08. In the appellants brief, three issues for determination were formulated. The Issues are:-

(1) Whether the trial judge was right when he held that the Plaintiff had claimed res ipsa loquitor as an alternative when the plaintiff did not vide paragraphs 5 and 6 of the Statement of Claim and even plaintiff Counsel’s address.

(2) Whether the learned trial Judge made a proper evaluation and drew correct inferences from the evidence called by parties before them.

(3) Whether the Plaintiff particularly pleaded and proved the award of special damages.

The Respondent In his brief of argument adopted the Issues for determination formulated by the appellants.

The Appellants took the Issues formulated in his brief of argument seriatim.