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MR. ANDY OBIORA ONWUNALU & ANOR V. DR. EMMANUEL O. UCHE ANOR

(2009) JELR 46729 (CA)

Court of Appeal  •  CA/PH/159/2002  •  14 Jul 2009  •  Nigeria

Coram
TIJJANI ABDUJLLAHI JCA; KUDIRAT MOTONMORI OLATOKUNBO KERERE-EKUN JCA; EJEMBI EKO JCA; JCA;

Judgement

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High court of Justice, Rivers State (Coram) M. U. Odili (J) (as she then was) delivered on the 20th day of December, 2001 in which she found the Defendants/ Appellants liable in negligence and awarded special and general damages against them.

The Appellants were the Defendants in the Court below and were sued by Respondents who were the Plaintiffs in that Court as per their writ of summons filed on 5th day of April, 1995 and claimed as follows:

"The Plaintiffs claim against the Defendants jointly and severally for:

The sum of N25, 000, 000.00 (Twenty Five Million Naira) being damages for injuries to the 1st Plaintiff's person and damages to 2nd Plaintiff's car with registration No. RV 7018 D caused the Plaintiffs (sic) when the 2nd Defendant, a servant of the 1st Defendant so negligently drove, damaged and controlled the 1st Defendant's vehicle with registration No. RV 7452 E by…

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