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Armel's Transport Ltd v. Transco (Nig) Ltd

(1974) JELR 37532 (SC)

Supreme Court  •  SC.45/74  •  28 Nov 1974  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; DAN IBEKWE JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): When this appeal came before us on 7th October, 1974, after hearing counsel for the parties, we made the following orders:

(i) That the award of 500 (Five hundred pounds) general damages be refused:

(ii) That 3,940 (Three thousand nine hundred and forty pounds) be substituted as loss of earnings:

(iii) That 1,325 (One thousand three hundred and twenty five pounds) be confirmed as special damages for repairs:

(iv) That otherwise the appeal be dismissed; and

(v) That costs assessed at eighty-four Naira be awarded to the respondents.

We indicated at the time that we would give our reasons for making the above orders later, and we now do so. Before the High Court of Lagos State, the plaintiffs/respondents herein indorsed their writ against the defendants/appellants in the following terms:

The Plaintiff's claim against the Defendants is for the sum of 6,525 {Six thousand Five Hundred and Twenty Five pounds} being special and General…

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