Nacenn Nigeria Ltd. V. Bewac Automative Producers Ltd (2011)

LAWGLOBAL HUB Lead Judgment Report

S. MUNTAKA-COOMASSIE, J.S.C.

The appellant as plaintiff in its further amended Statement of Claim dated 1/2/96 claimed against the respondent as the defendant as follows:-

“WHEREFORE the plaintiff claims from the defendant as follows:-

i. Replacement Engine for AN 7322 EB N590,241.21

ii. Replacement Engine for AN 6619 EB N590,241.21

iii. Insurance costs for AN 6619 EB N1,457.77

iv. Insurance costs for AN 6619 EB N1,457.77

v. Freight duty and clearing charges for

replacement Engine for AN 7322 EB N68,033.49

vi. Freight duty and clearing charges

for AN 6619 EB N68,033.49

N1,319,464.94

B. Loss of use/earnings at the rate of N1,600.00 for two tippers, counting from 23/4/91 up to and including 31st March, 1992; N2,600 per day from 1st day of April, 1992 up to and including 31st day of December, 1994 and from the 1st of January, 1995, at the rate of N9,000.00 per day until the judgment is delivered in this suit and until the judgment debt is liquidated by the Defendant, the two tippers in question in this suit”.

Pleadings were duly filed and exchanged after which the parties called their respective witnesses. The trial Judge in its decision entered judgment for the plaintiff in the following terms:-