S. C. C. NIGERIA LIMITED & IKECHUKWU UKANWOKE (BY HIS NEXT FRIED ‘FRIDAY UKANWOKE’) V. OUR LINE LIMITED & UNIVERSAL INSURANCE COMPANY LIMITED

OLAGUNJU, JCA (Delivering the Lead Judgment): The appeal is against the judgment of the Onitsha Judicial Division of the Anambra State High Court in which the respondent, as the plaintiff, claimed damages against four defendants, including the two appellants the first of whom joined the third party/respondent in the course of the trial. The claims were for value of the plaintiff/respondent’s FD. 20 Fiat Allis Bulldozer damaged beyond economic repairs while on hire to the 1st appellant and in charge of the 2nd appellant’s father in transit to the 1st appellant’s site and for loss of use. At the end of the trial, claims against two of the defendants and the third party were dismissed and judgment was given against the appellants jointly as the 1st and 4th defendants for N4,975,000 made up as follows:-

“(1) N400,000.00 being loss of use and hire of the plaintiff’s FD. 20 Bulldozer from the 14th March, 1989 to the 24th August, 1989 at the rate of N2,500.00 per day.

(2) N2,750.000.00 bein…