Julius Berger Nigeria Plc & Anor V. Mrs. Dolapo Ogundehin (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A., (Delivering the Leading Judgment)

This is on appeal from the decision of the High Court of Cross River State sitting in Calabar delivered on 21st October, 2010.

The Respondent was traveling on 7th day of February, 2006 in a chartered Toyota Corolla Saloon car with Reg. No. AE441KMM. The 2nd Appellant was driving a Mercedes Benz Haib Tipper lorry with Reg. No. XC571RBC belonging to the 1st Appellant. The 2nd Appellant was travelling from Calabar to Ikom when his vehicle hit, the Respondent’s vehicle and another Volvo Saloon with Reg. No. QA215CA travelling in the opposite direction.

There was an accident involving the three vehicles as a resift of which (6) six people lost their lives. The Respondent was injured and treated in various hospitals including General Hospital Ugep, UNICAL Teaching Hospital, National Hospital Abuja and South Tees University Hospital Marton Road Middlesborough England. As a result of this accident, the Respondent filed this suit in the High Court of Cross River State.

The Respondent as plaintiff sued the Appellants herein as defendants and claimed as follows from the Amended Statement of Claim:

“(1) a plaintiff claims against the 1st and 2nd Defendants jointly and severally for negligence and breach of duty on the part of the 2nd Defendant and for which 1st Defendant is vicariously liable.

b. Alternatively, Plaintiff Res Ipsa loquitor.

(2) And the Plaintiff claims as follows:

a. Special Damages – N7,270,792.00

b. General and Exemplary Damages – N92,729,208.00

Total – N100,000,000.00.”

See PP.152-160 of the record of appeal.

The Appellant filed their Statement of Defence and denied the claim. Thereafter on amended statement of Defence was filed.

The case proceeded to trial. The Respondent called three witnesses testifying herself as Pw3. She tendered several exhibits in proof of her claim. The 2nd Appellant testified as Dw1 and closed their case.