Mr. Jimmy Ojeahere V. Sean Alakija & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

By a writ of summons dated the 5th of September, 1989, the four (4) Respondents/Cross Appellants as plaintiffs at the Trial court instituted the initial suit No. 1/692/89 and seeking the sums of various amounts in Naira and Pound sterling (British) for Loss and Damages. (This is evidenced at pages 4-6 of the Record of Appeal).

The particulars of Loss and Damage suffered by the four (4) Respondents 1st- 4th were given as follows:-

(a) The deceased was at time of his death a healthy and happy man aged 48 and in his business was making an income in excess of N100,000:00 per annum in Nigeria and in excess of 8,500:00 (Euro) per month, overseas.

(b) The 1st-3rd plaintiff were teenagers at the time of the death of the deceased and were totally dependent upon the deceased for their education, care and upkeep at an average cost of 25, 855:00 (pounds) per annum made up as follows:-

School fees

1. Sean Alakija – 5100 (pounds) per annum
2. Matthew Alakija – 5025 (pounds) per annum
3. Gavin Alakija – 5430 (pounds) per annum

Average of 10, 300 (pounds) per annum while the children were in school overseas.

(c) The 1st-3rd plaintiff’s would have been so dependent upon the deceased for a period of at least 6-8 years based on their respective ages and education at the time bf the death of the deceased.

(d) The 4th plaintiff incurred funeral expenses of N15000:00 in Nigeria and 2500:00 (pounds) Overseas.

(e) The plaintiff will lead evidence to show the relative exchange rates between the Nigerian Naira and British Pound Sterling at the hearing.

Whereof the 1st-3rd plaintiffs children of the deceased and the 4th plaintiff claim from the defendant from, and severally the sum of 2, 244, 000:00 (pounds) and N2, 200, 000:00 being the pecuniary loss they suffered as a result of the death of the deceased based on the income the deceased was earning at the time of his death and the assumption that the he had twenty two active working years left ahead of him at the time of his death plus the sum of N5000:00 and 2500:00 (pounds) funeral expenses incurred by the plaintiff in Nigeria and Overseas. School supplies

ALTERNATIVELY

The 1st-3rd plaintiffs children of the deceased and 4th plaintiff claim from the defendants jointly and severally the sum of 206, 840:00 (pound) being the value of their dependency upon the deceased for a period of eight years subsequent to his death plus the sum of N5000:00 and 2500:00 (pound) funeral expenses incurred by the 4th plaintiff in Nigeria and Overseas.

In their 5th further and Better Amended statement of claim the 4 respondents (1st – 4th) dated the 18th day of April 2002 which was filed along with the writ of summons. The crux of the four respondent’s case against Appellant at page 4 of the Record of Appeal (hereinafter referred to as “the Record”) is as follows:-