Nigerian Postal Service (Nipost) & Anr. V. Aminu Mordi (2007)

LawGlobal-Hub Lead Judgment Report

OLUKAYODE ARIWOOLA, J.C.A,

This appeal is against the decision of Federal High Court sitting in Sokoto delivered by the Honourable Justice D.J.K. Lawson on 19th July, 1999 infavour of the Plaintiff(herein after referred to as the Respondent) against the Defendants, (hereinafter referred to as the Appellants). The Respondent had claimed against the Appellants jointly and severally, the following reliefs –

(i) Market value of a road worthy and commercially fit Datsun C20 ten seater bus.

(ii) Refund of N91,704.00 being expenses incurred by the Plaintiff, in attempt to salvage the . Plaintiff’s Vehicle registration No. SO 2932 SD.

(iii) N842,000.00 being expected earnings/profit for the use of the said Vehicle from 10th August, 1996 to 3rd October, 1997 at a daily rate of N2,000.00

(iv) N2,000.00 per day from 4th October, 1997 until judgment and satisfaction thereof.

(v) Interest on total sum in (i), (ii), (iii), and (iv) at the rate of 10% per annum.

(vi) Cost of this action.

The trial Court had entered judgment in the following terms –

“Judgment is entered for the Plaintiff for the sum of N91,704.00 for spare parts repairs plus loss of earnings from 10/8/96 – 3/10/97 at N842,000 plus 5% interest at N47,000 total N980,704.00. Cost is assessed at N5,000.00…………Gross total N985,704.00…………………….. ”

Dissatisfied with the above judgment, the Appellants appealed to this Court by filing a Notice of Appeal dated 20th July, 1999 on the same date, the following day the judgment was delivered. However, on 9th August, 1999, the Appellants filed yet another Notice of Appeal, now of 6 grounds though called 7 grounds of Appeal.

On 14th February, 2002, the Appellants were granted leave to amend their Notice of Appeal filed on 9th August, 1999. The amended Notice of Appeal dated 15th October, 2001 contains three additional grounds of appeal, numbered as grounds 7, 8 and 9.

And subsequently the Appellants were granted leave to further amend their already amended Notice of Appeal filed on 27th February, 2002 by substituting new grounds 1, 2, 3, 4, 5 and 9. The further amended Notice of Appeal dated 18t February, 2005 contains the following nine grounds of appeal herewith reproduced without their particulars.

GROUND ONE