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SEVEN-UP BOTTLING COMPANY PLC. v. NKANGA UDO NKANGA & ORS.

(2008) JELR 46810 (CA)

Court of Appeal  •  CA/C/84/2007  •  11 Nov 2008  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JEAN OMOKRI JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice Eno Otu of the High Court of Akwa Ibom State, sitting at Etinan, delivered on the 20th of March, 2006, wherein, the court awarded the sum of N37.7 million being special and general damages against the appellant.

The facts of this case culminating to this appeal were that on the 12th day of June, 1991, the present respondents were all returning from a fish market at Ibeno, Akwa Ibom State, in a pick-up van belonging to the 1st respondent. As they reached the village of Ikot Obio Inyang, along Etinan - Uyo Road, the appellant's truck collided with the respondent's vehicle, completely damaged same and caused various injuries to all the passengers. One of the passengers, Affiong Etim Inyang died instantly. Others were admitted and treated in the government hospital for various degrees of injuries and trauma sustained.

The respondents thereafter filed two separate suits against theā€¦

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