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UGBECHI NIGERIA LIMITED & ANOR v. ALHAJI LUKEMAN FALKE

(2017) JELR 37540 (CA)

Court of Appeal  •  CA/J/81/2008  •  14 Jun 2017  •  Nigeria

Coram
ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the Plateau State High Court of Justice presided over by Hon. Justice P.D. Damulak delivered on the 11th May, 2004 in Suit No. PLD/J2812001.

The facts that led to this appeal was that the respondent who was the plaintiff in the lower Court averred that he owns a Toyota Hiace Bus with Registration Number AG 615 JJN. He used the bus for commercial purposes, plying the route of terminus bus stop to Dadin-Kowa and to Bukuru within Jos metropolis. He averred that he used to make average of N3,000.00 daily on the said route. The respondent averred further that it was on this route in the normal course of business that the 1st appellant's vehicle with Registration Number AA 571 KWL under the care and control of the 2nd appellant ran into the respondent's vehicle from behind inflicting heavy damages to it.

After the incident, the respondent reported to the police wherein the police drew a sketch-map…

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