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NADIM CHAGAURY & ANOR v. IBRAHIM YAKUBU

(2005) JELR 45247 (CA)

Court of Appeal  •  CA/A/35/2000  •  3 May 2005  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; ZAINAB ADAMU BULKACHUWA JCA; MARY U. PETER ODILI JCA;

Judgement

MARY U. PETER ODILI J.C.A. (Delivered the Leading Judgment): This is an appeal from the judgment of U. M. Kusherki, J. of the High Court of Abuja, in which the learned Judge awarded the respondent the sum of ₦300,000.00 (three hundred thousand naira) as compensation for general damages in suit No. FCT/HC/CY/147/97, delivered on 2nd day of March, 2000.

The facts of the matter briefly stated are:

The respondent (plaintiff at the lower court) a driver was employed by the 2nd appellant and was attached as a driver to the 1st appellant. By virtue of the work of the respondent he normally carried the 1st appellant cooks to their residence in Karmo FCT, sometimes between 8pm to 9pm for which he was paid over-time salary.

On or about 20/5/94, the respondent after dropping the 1st appellant's cooks in Karmo at about 9pm was on his way back to the 1st appellant, when he was attacked by armed robbers who shot at his face. Notwithstanding, he was able to drive the vehicle back to the 1st appellan…

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