Raimi Jenyo & Anor V. Akinsanmi Akinreti & Anor (1990)

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AGBAJE, J.S.C.

The plaintiffs, Raimi Jenyo and another, as the administrators of the estate of Busari Raimi (deceased) sued the defendants, Akinsanmi Akinreti and another for the following reliefs:-

“AND the plaintiffs, as such administrators as aforesaid, claim against the defendants and each of them:-

(i) N200,000.00 damages under the Fatal Accidents Act, 1961, for the benefit of the said parents of the deceased; and

(ii) N400,000.00 damages under the Civil Liability (Miscellaneous Provisions) Act, 1961, for the benefit of the estate of the deceased.”

Pleadings were ordered, filed and exchanged. The case proceeded to trial before Bamgboye, J., who after hearing the evidence for the parties gave his judgment in the case on 8th November, 1982. For the purposes of the appeal in hand, I need only refer to the following portions of the judgment of the learned trial Judge:-

“I think on the credible facts a case of negligence on the part of the 1st defendant appears to me to have been fully established and clearly proved in that in this case, the 1st defendant has failed to keep any or proper look out or to have any sufficient regard to the circumstances of the road that was or might reasonably be expected at the material time and thereby knocked down the deceased, Basiratu, who as a result of the injury caused to her in consequence of the said accident died on the 10th of July, 1973.

Finally, an attention must be turned to the brief but important issue of damages, as claimed by the plaintiff in this action.

At paragraph 6(b )(ii) of the amended statement of claim, the particulars of special expenses is shown as follows:-

(i) Medical Expenses N100.00

(ii) Funeral Expenses:

(a) Coffin N20.00

(b) Others N100.00

(iii) Cost of Letters of