Mr Felix Nwoye Adim V. Nigerian Bottling Company Plc & Anor (2010)

LAWGLOBAL HUB Lead Judgment Report

MUSDAPHER, J.S.C

In the High Court of Justice of Lagos State, in the Ikeja Judicial Division and in suit No. ID/912/98, the plaintiff claimed against the defendants jointly and severally as follows:-

“(a) N1,640,043 .95k (one Million, Six Hundred and Forty Thousand, Forty-Three Naira and Ninety Five Kobo) being special and general damages caused to the plaintiffs Peugeot 504 saloon car Registration No. AM 506 BDG and personal injury (ies) suffered by the occupants of the plaintiff s car as a result of the 2nd defendant’s negligent and reckless driving along Apapa/ Oshodi Expressway on the 29/1 0/1997.

(b) Costs of this action to be assessed but not below N100,000.00 (One Hundred Thousand Naira).”

At the trial, the plaintiff filed a fifty paragraph (50) Statement of Claim, while the defendants filed a thirteen (13) paragraph Statement of Defence. The plaintiff testified in support of his claims and called two other witnesses, the defendants rested their case on the evidence adduced by the plaintiff and did not call evidence. With the consent of the parties written addresses were filed by the parties, In the judgment delivered by the trial judge, he partially found for the plaintiff as follows:-

“Judgment is hereby entered for the plaintiff against the two defendants jointly and severally as follows:-

(1) Special damage

Damage to property – Exhibit D

U.T.C. Estimate N879,793.95.

(2) Medical bills – Exhibits E and E1

N162,750.00

(3) General damages is assessed at

N200,000.00.

I am of the opinion that since the other occupants were paid for by the plaintiff and were hospitalized on his own account, he has the right to claim for their expenses without making them parties to this action. xxxxxxxxxx”