Disable Preloader

CaseLaw

Abubakar V. Joseph (2008) CLR 6(a) (SC)

Judgement delivered on June 6th 2008

Brief

  • Evaluation of evidence by appellate court
  • S.16 Court of Appeal Act
  • Inadmissible evidence
  • Admission of evidence contrary to pleadings
  • Burden of proof in civil cases
  • Record of proceedings
  • Negligence
  • Preliminary objection
  • Motor accident

Facts

This suit was founded on the negligence of the 1st Respondent, the driver of the 2nd Respondent. It was pleaded, that on 9/12/91, the 1st Respondent negligently drove Fiat trailer registration No. LA 3906 belonging to the 2nd Respondent and caused same to collide with the 1st Appellant's Fiat F3 trailer, registration No. LA 6086 MA.

The Respondents filed their further Amended Statement of Defence. They denied the negligence ascribed by the 1st Appellant to the 1st Respondent. They averred that the accident was caused by 1st Appellant's driver who was alleged to have negligently driven his vehicle in the course of overtaking another vehicle and in the process collided with the 2nd Respondent's vehicle. The Respondents raised a counter-claim of four million, two thousand, three hundred and fourteen Naira, (N4,002,314.00) being general and special damages jointly against 1st Appellant and his driver the 2nd Appellant. It is relevant to say here that it was the counter-claim by the Respondents that brought in the 2nd Appellant as a party to the dispute.

The case was heard by Evuti J. At the trial, the Plaintiff/Appellant called three witnesses in support of their case. The Defendants/Respondents also called three witnesses. On 19-10-95, the trial Judge in is judgment concluded as follows:-

"I give judgment in favour of the 1st Plaintiff as follows:-

  • 1
    The sum of N500,000.00 for damages caused to his vehicle a Fiat T3 Trailer.
  • 2
    The sum of N6,500.00 being refund for payments made for hiring a vehicle to convey the goods from the scene of accident to Kaduna.
  • 3
    Another sum of N40,000.00 for payments made to the 2 watchmen who looked after the vehicle at the scene of accident for a period of 9 months.

    • In addition to the above I award to the Plaintiff against the Defendants, the sum of N1,000,000.00 as general damages plus 10% interest p.a. thereon the total sum until the whole amount is fully paid with effect from today."

    The Respondents were dissatisfied with the judgment of the trial Court. They appealed against it before the Court of Appeal, Abuja (hereinafter referred to as ‘the Court below’). On 16-07-07, the Court below set aside the judgment given by the trial Court in favour of the Plaintiffs/Appellants. Their case was dismissed. The Plaintiffs have come before this Court on appeal against the judgment of the Court below.

Issues

  • 1
    Whether the Court of Appeal was right in holding that the trial Judge made...
    • Read More