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DALHATU AUDU & ANOR V. ADEMOLA ALAMO & ANOR

(2000) JELR 44141 (CA)

Court of Appeal  •  CA/J/127/97  •  24 Feb 2000  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO JCA; JOSEPH JEREMIAH UMOREN JCA; ISA ABUBAKAR MANGAJI JCA;

Judgement

AKPABIO, JCA (Delivering the Leading Judgment): This is an appeal against a judgment of Umar, J. of the Bauchi State High Court, holden at Bauchi in suit No. BA/276/93 delivered on 20/12/95, wherein he entered judgment in favour of plaintiff in the sum of ₦518,000.00 being special and general damages for negligent driving against the three Defendants jointly and severally with costs of ₦3,000.00 in favour of plaintiff.

"The plaintiff's claim at the trial Court was worded as follows:

"The plaintiff claims against the Defendants jointly and severally as follows:

(1) The sum of ₦340,000.00 being special damages on account of the plaintiff's Liteace Motor (Bus) which was smashed as a result of the Defendants' negligence which culminated in the hitting and damaging of the plaintiff's motor Vehicle beyond repairs at Buzaye Bishiki Town of Bauchi state.

(2) loss of earning at the rate of ₦1,000.00 per day from 29/10/93 till judgment is delivered."

The evidence in support of plaintiff's cas…

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