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MOBIL OIL NIGERIA PLC v. BARBEDOS CARS LIMITED

(2016) JELR 42280 (CA)

Court of Appeal  •  CA/K/333/2012  •  25 Apr 2016  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; AMINA AUDI WAMBAI JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kaduna State in Suit No KDH/KAD/226/2009 delivered by Honorable Justice B. U. Sukola on the 17th of September 2012. The Respondent, as plaintiff, commenced the action in the lower Court against the Appellant, as defendant, and its prayers were for:

i. A declaration that the Defendant and/or its agents were negligent in the process of discharging fuel from the petrol tanker which led to the outbreak of fire that damaged the Plaintiffs cars and canopies on the 25th of January, 2008.

ii. The sum of N96.1 Million being special damages for the market value of the fifteen numbered assorted cars and seven canopies damaged by reason of the Defendant's negligence.

iii. The sum of N260 Million being initial general damages by the fire incident that damaged some of the assorted vehicles of the Plaintiff resulting to negative business prospect of the Plaintiff occasioned …

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