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SILAS OSIGWE v. UNIPETROL & ANOR

(2004) JELR 36311 (CA)

Court of Appeal  •  CA/I/119/97  •  13 Jul 2004  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

ADEKEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ogun State Abeokuta Judicial Division delivered on the 25th of June, 1996. Before the trial court the plaintiff Silas Osigwe claimed against the defendants Unipetrol of Nig. Plc. and S.S. Kilaso jointly and severally going by paragraph 28 of the amended statement of claim which reads:-

(a) The sum of N10 million (ten million naira) being damages for injuries, agony and disability suffered by him at Ijaiye, Abeokuta on the 26th day of April, 1994, when the 1st defendant's petrol station operated by the 2nd defendant exploded and caught fire whereby the plaintiff suffered severe burns.

The accident occurred as a result of the negligence of the defendants.

Particulars of damages

(a) Cost of medical treatment N248,406,120.00

(b) Initial loss of income N400,000.00

(c) Permanent disability at the rate

of N3,000 for 30 years N1.8 million

(d) General damages by way of pain

and ago…

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