Transkomplet (Nig.) Ltd. V. Mr. E. I. Galadinia (1998)

LawGlobal-Hub Lead Judgment Report

MUNTAKA-COOMASSIE, J .C.A.

The action leading to this appeal was commenced at the High Court of the Federal Capital Territory Abuja hereinafter called trial court. There the plaintiff, herein respondent, claiming as per writ of summons damages against the defendant, now appellant, in the sum of N1,995,000.00 (one million, nine hundred and ninety five thousand naira) as special and general damages arising from the escape of rock pellets through blasting by the appellant. The said respondent’s house was located at Asokoro Residential District. The defendant was a civil construction engineering firm awarded the contract by the Federal Government of Nigeria to construct the access roads within the Asokoro District, Abuja, The construction of the said roads involved the blasting of rocks to make way for the access ways. It was in the cause of blasting of rocks within the vicinity where the plaintiff’s house was located that the cause or action arose.

Issues were neatly joined. Pleadings were then ordered, settled and served.

After the exchange of pleadings, the claims of the plaintiff now respondent, in their final amended statement of claim, which surely supercedes the writ of summons reads as follows:

“Whereof the plaintiff claims for the damages done to the properties situate at plot No. 368 Cadastral Zone A-4 Asokoro Abuja.

(a) For repairing the damaged properties the main house and boys quarter – N1,700,000.00 (one million seven hundred thousand naira),

(b) General damages N3,695,000.00).

Alternatively

(a) Payment of the current price of the main building and the boys quarters N2,630,387. 15.

(b) General damages – N3,695,000.00.

After the hearing in earnest and consideration of parties’ respective case, the learned trial Judge, Saleh C.J., in a reserved judgment found for the respondent in these terms on p42 of the record of proceedings.

“Consequently I find for the plaintiff for special damages as in Exh. 2 together with plaintiff evidence comes to N2.8million and N800,000.00 loss of revenue. I enter judgment in favour of plaintiff.

against the defendant in the sum of N2.8 million as special damages.

For general damages plaintiff claims N3.6 million. I will give plaintiff general damages assessed at N200,000.00 totalling in all N3 million.”