Mobil Oil Nigeria PLC V. Barbedos Cars Limited (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment)

This appeal is against the judgment of the High Court of Kaduna State in Suit No KDH/KAD/226/2009 delivered by Honorable Justice B. U. Sukola on the 17th of September 2012. The Respondent, as plaintiff, commenced the action in the lower Court against the Appellant, as defendant, and its prayers were for:

i. A declaration that the Defendant and/or its agents were negligent in the process of discharging fuel from the petrol tanker which led to the outbreak of fire that damaged the Plaintiff?s cars and canopies on the 25th of January, 2008.

ii. The sum of N96.1 Million being special damages for the market value of the fifteen numbered assorted cars and seven canopies damaged by reason of the Defendant’s negligence.

iii. The sum of N260 Million being initial general damages by the fire incident that damaged some of the assorted vehicles of the Plaintiff resulting to negative business prospect of the Plaintiff occasioned by the negligent conduct of the Defendant or its agents.

The parties filed their respective pleadings and other supporting

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processes in respect of the claims and the matter proceeded to trial and in course of which the Respondent called three witnesses and tendered exhibits while the Appellant called two witnesses and also tendered exhibits. At the close of trial and after the final addresses of Counsel, the lower Court entered judgment wherein it found in favour of the Respondent and ordered as follows:

i. I declare that the Defendant and/or its agents were negligent in the process of discharging fuel from the petrol tanker which led to the outbreak of fire that damaged the Plaintiff’s cars and canopies on the 25th of November, 2008.

ii. I assess and award the sum of N30 Million only being special damages for the market value of the fifteen number assorted cars and seven canopies damaged by reason of the Defendant’s negligence to enable the Plaintiff restore/repair the said damaged vehicles and canopies to their status ante the 25th of November, 2008 i.e. before the fire incident which damaged the vehicles.

iii. I similarly assess and award the sum of N150,000.00 only being general damages resulting from the negative business prospect of the Plaintiff’s business

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resulting from the negligence of the Defendant by the fire incident of 25th November, 2008.

The lower Court also awarded costs in the sum of N500,000.00. The Appellant was dissatisfied with the judgment and it caused its Counsel to file a notice of appeal containing eight grounds of appeal and dated the 8th of October 2012 against it. In arguing the appeal before this Court, Counsel to the Appellant filed a brief of arguments dated the 21st of December 2012. The response of the Respondent was contained in the brief of arguments dated the 21st of March, 2013 and which brief of arguments was deemed properly filed and served by this Court on the 19th of March, 2014. Counsel to the Appellant filed a reply brief of arguments dated on the 19th of March, 2014. At the hearing of the appeal, Counsel to the parties relied on and adopted the arguments contained in their respective briefs as their oral submissions in this appeal.