ASHLEY AGWASIM & CHUKWUDI TRANSPORT SERVICE (NIG) LIMITED V. BEAUTY EJIVUMERWERHAYE & FRIDAY EJIVUMERWERHAYE (FOR THEMSELVES AND ON BEHALF OF THE DEPENDENTS OF LATE JAMES EJIVUMERWERHAYE)

TOBI, JCA (Delivering the Lead Judgment): This is an appeal against the Judgment of Obi, J., sitting at the Warri High Court, Warri, in Suit No. W/120/88. The plaintiffs, who are the respondents in this appeal, claimed damages in a representative capacity jointly and severally against the defendants, who are the appellants. They claimed the sum of N500,000.00 as special and general damages in consequence of the negligence of the 1st defendant in the management of the 2nd defendant’s luxurious bus bearing registration No. BD 9558 under the scope and authority of his employment as servant and/or agent of the 2nd defendant whereby James Ejivumerwerhaye was knocked down and killed along Effurun/Ughelli Road on 31st December, 1986 at Okuokoko village in broad daylight.

Evidence was given at the trial by both parties. After the address of counsel, the learned trial Judge gave Judgment in favour of the plaintiffs. He awarded the sum of N411,095.00 to the plaintiffs.

Dissatisfied with the Ju…