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MR. OLIVETTE BRAINS & ANOR v. MR. CHIKE NWAFOR

(2018) JELR 41976 (CA)

Court of Appeal  •  CA/A/102/2009  •  12 Jul 2018  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; TINUADE AKOMOLAFE-WILSON JCA; TANI YUSUF HASSAN JCA;

Judgement

ABUBAKAR DATTI YAHAYA, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of the FCT Abuja, delivered by Hon. Justice Dodo on 27th June, 2007.

The respondent as plaintiff, took out of the High Court of the FCT Abuja, a writ of summons claiming against the appellants as defendants, the sum of N10 million as special and general damages for the injury he sustained as a result of an accident which occurred between the respondent's motorcycle and the 2nd appellant's vehicle on 13th March 2005, along Jabi/Airport Road, Abuja. The 2nd appellant's vehicle was driven by its driver, the 1st appellant.

On being served with the Writ and statement of claim, the appellants filed a statement of defence in which it averred that the respondent had been fully settled and had collected compensation from Messrs Equity Indemnity Insurance Co. on behalf of the appellants and so had no subsisting cause of action.

At the trial, the respondent adopted his witness stateā€¦

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