Oilserv Limited V. L. A. Ibeanu & Company Nigeria Limited & Anor. (2007)

LawGlobal-Hub Lead Judgment Report

RHODES- VIVOUR, J.C.A.

By a writ of summons issued, out of Port Harcourt High Court by the respondents as plaintiffs, they claimed against the appellant as defendant in their statement of claim as per paragraph 19 thereof as follows:-

(a) The payment of the sum of N600.000 only being the specific damages incurred and suffered by the first plaintiff to repair the equipment under reference which repairs include implement pump, glasses damaged and boom, all these were damaged by the defendant while pulling off the fire burning off the equipment.

(b) The sum of N600, 000 only being the cost of hospital bills, salary and drugs purchased and incurred by the second plaintiff.

(c) The sum of N 10,000,000.00 representing general damages suffered and incurred jointly and severally by the plaintiffs as a result of the fire incident involving their equipment and personal.

(d) The cost of this action.

Pleadings were filed in due course and exchanged. In the High

Court, T. K. Osu, J., presided. The plaintiffs called two witnesses, while the defendant called only one witness. Fourteen documents were tendered and admitted as exhibits. After a full trial, the learned trial Judge entered judgment on 30/6/06 in favour of the plaintiffs jointly and severally against the defendant, and the following orders were made:

(a) The payment of the sum of N600, 000 (six hundred thousand Naira only) by the defendant to the first plaintiff being the specific damages incurred and suffered by the first plaintiff to repair the equipment under reference which repairs include implement pump, glasses and boom damaged all these were damaged while putting off the fire which burnt off the equipment at the defendants premises.

(b) The payment of the sum of N600, 000 (six hundred thousand Naira) to the 2nd plaintiff being the cost of hospital bills, salary and drugs purchased and incurred by the second plaintiff.

(c) The payment of the sum of N2,000,000 (two million Naira) representing general damages suffered and incurred jointly and severally by the plaintiffs as a result of the fire incident involving their equipment and personal costs of N5,000 in favour of the plaintiffs.

The present appeal is from the judgment of the High Court.

On 26/7/06, the defendant who was dissatisfied with the judgment of the High Court delivered on 30/6/06 filed a notice of appeal containing three grounds of appeal.

In accordance with Order 6 rules 2 and 4(1) of the Court of Appeal Rules, the defendant, now as the appellant filed his brief on 19/9/06 while the respondents filed their brief on 6/10/06.