Matric (W.A.) Limited V. Edwin Opara (2009)

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KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A.

This is an appeal against the judgment of the High Court of Rivers State, Isiokpo Judicial Division delivered on 21/3/95 allowing the plaintiff/respondent’s claims against the 1st defendant/appellant for damages for negligence and costs. Being dissatisfied with the judgment the appellant filed a notice of appeal dated 25/4/95 containing six grounds of appeal. Pursuant to a motion on notice filed on 1/12/97 and granted on 28/10/98, the appellant filed four additional grounds of appeal.

The parties duly filed and exchanged their respective briefs of argument in compliance with the rules of this court. The appellant’s brief is dated and filed on 28/12/98. A reply brief dated and filed on 22/9/2000 was deemed filed on 16/1/01. The respondent’s brief dated 6/4/2000 was deemed filed on 29/6/2000.

on 25/5/09 when we heard this appeal, Mr. N.E. Ofoegbu, learned counsel for the appellant, applied by motion on notice that the Nigeria Airports Authority, described as 2nd defendant in the notice of appeal and other processes in this matter be struck out, as it is not a party to the appeal. The application was granted accordingly. Thereafter, Mr. Ofoegbu adopted both briefs filed by the appellant and urged us to allow the appeal’ He informed the court that ground 4 of the notice of appeal has been abandoned. Mr. A. I. Nwachukwu, learned counsel for the respondent adopted the respondent’s brief. He informed the court that the respondent adopted the issues for determination as formulated by the appellant and concedes issue no. 2. He urged us to dismiss the appeal and vary the order of the rower court to the extent admitted.

The facts that gave rise to the appeal are as follows: The respondent was a driver employed by the appellant. The appellant was a company engaged in the clearing and maintenance of the premises where the Port Harcourt International Airport was being constructed. On 21/6/81 in the course of his employment, the respondent was ordered to cut the overgrown grass in the premises. He carried out this duty using a tractor with mowing shears. The respondent alleged that in the course of cutting the grass he fell into a ditch, which he had not noticed because of the tall grass, and the blade of the tractor cut off his leg. His contention was that the appellant was negligent in failing to warn him of any hazards on the premises. He claimed damages for pain and suffering, loss of amenities of life, loss of expectation of life, future loss of earnings, injury to his health and general damages.

The appellant denied the respondent’s claims and alleged that the injury arose as a result of his negligence, recklessness and carelessness. It was alleged that the respondent was performing acrobatic displays with the tractor and this was what caused the accident. It was also the appellant’s case that it took care of all the respondent’s medical expenses including the provision of crutches and an artificial limb and continued to pay his salary. That the respondent abandoned his job and became a motor park tout at Owerri. It also alleged that it had offered compensation of N2, 400.00 to the respondent, as recommended by the Ministry of Labour and Productivity, but the respondent rejected it.

At the trial, the respondent testified on his own behalf and did not call any other witness. The appellant called two witnesses. The issue of the existence of a ditch on the premises and whether the appellant knew or ought to have known of its existence and warned the respondent accordingly was hotly contested. At the conclusion of the trial, learned counsel representing the parties were ordered to file written addresses.

In a considered judgment delivered on 21/3/95 the learned trial Judge entered judgment in favour of the respondent and awarded damages in line with paragraph 7 of his further amended statement of claim as follows:

a. Pain and suffering N 30, 000.00

b. Loss of amenities N200, 000.00

c. Loss of expectation of life N 20, 000.00

d. Future loss of earning N 300, 000.00

e. Injury to health N 30, 000.00

f. General damages N 150, 000.00