Nigerian Bottling Company & Anor V. Madam Mulikat Mohammed & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CLARA BATA OGUNBIYI, J.C.A (Delivering the Leading Judgment)

This is an appeal against the decision of the Borno State High Court delivered on the 4th December, 2000. The claim against the defendants/appellants was for the sum of N10,000,000.00 (Ten Million

Ground 1

The judgment is against the weight of evidence.

Ground 2

The learned trial judge erred in law in finding the appellants liable in negligence.

Particulars of error (a) – (f) Supplied

Grounds 3

The learned Trial Judge erred in law when he held thus:

“I therefore find it as a fact that the 2nd Defendant drove his vehicle on the fateful day with only the passenger side of his head lamp functioning. That created false impression to other road users from the opposite direction that it was a motorcycle”.

Particulars of Error (a) – (c) Supplied

Ground 4

The learned Trial, Judge erred in law and acted on wrong principles when he held that:

“from the evidence adduced, plaintiff have clearly proved that they have lost a reasonable possibility of pecuniary advantage. They have established that deceased was their breadwinner. Under this claim I will award N1,000,000.00. Under paragraph