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MR FELIX NWOYE ADIM V. NIGERIAN BOTTLING COMPANY PLC & ANOR

(2010) JELR 47542 (SC)

Supreme Court  •  SC.56/2003  •  30 Apr 2010  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IBRAHIM TANKO MUHAMMAD JSC; CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Judgement

D. MUSDAPHER, J.S.C (Delivering the Leading Judgment): In the High Court of Justice of Lagos State, in the Ikeja Judicial Division and in suit No. ID/912/98, the plaintiff claimed against the defendants jointly and severally as follows:-

"(a) N1,640,043 .95k (one Million, Six Hundred and Forty Thousand, Forty-Three Naira and Ninety Five Kobo) being special and general damages caused to the plaintiffs Peugeot 504 saloon car Registration No. AM 506 BDG and personal injury (ies) suffered by the occupants of the plaintiff s car as a result of the 2nd defendant's negligent and reckless driving along Apapa/ Oshodi Expressway on the 29/1 0/1997.

(b) Costs of this action to be assessed but not below N100,000.00 (One Hundred Thousand Naira)."

At the trial, the plaintiff filed a fifty paragraph (50) Statement of Claim, while the defendants filed a thirteen (13) paragraph Statement of Defence. The plaintiff testified in support of his claims and called two other witnesses, the defendants rested…

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