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CONSOLIDATED BREWERIES PLC & DELE ADIGWE V. JOSHUA A. AISOWIEREN

(2001) JELR 51727 (CA)

Court of Appeal  •  CA/B/204/98  •  11 Jun 2001  •  Nigeria

Coram
NIKI TOBI, JCA BABA ALKALI BA’ABA, JCA KUMAI BAYANG AKAAHS, JCA

Appearances
Dr. B.A.M. Ajibade, Esq., for the Appellants; Chief C.O. Ihensekhien, SAN (with him, Ivie Eraga) for the Respondent.

Judgement

TOBI, JCA (Delivering the Lead Judgment): The 11th day of July, 1995 was a fateful day. There was a motor vehicle accident which took the life of Daniel Oganbor Ojo. The accident involved the plaintiff’s vehicle, a Mercedes Benz 911 Lorry with Registration No. BD 482 N and the 1st defendant’s vehicle, another Mercedes Benz 1213 Lorry with Registration No. OG 6591 JA. The 2nd defendant who is one of the appellants in this court, was the driver of the 1st defendant/appellant. He was the driver of the Mercedes Benz 1213 Lorry involved in the accident. As a result of the accident, the driver of the plaintiff, was severely injured. He died subsequently. The plaintiff is the respondent in this appeal.

The respondent made the following claims:

(a) The sum of N2,500,000.00 being total cost of purchasing a new complete engine, cost of motor spare parts (towing of the damaged lorry) and cost of repairs and labour in respect of the plaintiffs lorry.

(b) The sum of N1,010,000.00 being “Loss of us…

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