UAC OF NIGERIA PLC V. MADAM IKOLE IROLE

BA’ABA, JCA (Delivering the Lead Judgment): The appellant was the defendant and the respondent, the plaintiff before the Warri High Court in suit No. W/100/94 which arose from an accident involving the tugboat of the appellant and the respondent’s canoes which occurred on the 24th day of October, 1993, along Dolofa river near a place called Nikorowa, in Benin river, Delta State. As a result of the accident, the respondent sustained injuries leading to the amputation of her two legs above ankles. The respondent commenced an action in negligence, claiming from the appellant the sum of N5,000,000.00 (Five Million Naira) general damages from the appellant. From the pleadings filed and exchanged by the parties and the evidence led in support, the essential facts of the case are for most part undisputed, the controversy being the legal implications of the facts. For better appreciation of the controversy, I will give a resume of the relevant facts. The respondent, is an Itsekiri petty tra…