EFAB PROPERTIES LIMITED V. LEADWAY ASSURANCE COMPANY LIMITED

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of the Federal Capital Territory Abuja, delivered by on the 16th of January 2017, wherein the Trial Court ordered the Appellant to pay the Respondent special damages in the sum of N3,556,505.00 (Three Million, Five Hundred and Fifty Six Thousand, Five Hundred and Five Naira), being the cost of replacing the antennae and water tank mounted on top of the Respondent’s building which the Appellant’s admitted was damaged by its Tower Crane on the 18th of April 2014.

The brief facts of this case as can be gleaned from the Record is that Respondent, as Plaintiff at the Trial Court alleged that a tower crane, brought upon the Defendant’s land situate or lying adjacent the Respondent’s building, which was being managed and/or controlled by the Appellant or its agents for construction purposes, collapsed unto its building on the 18th of April 2014, and damaged several items. The Respondent…