CaseLaw
OANDO Nig Plc V. Adijere West Africa Ltd (2013) CLR 5(h) (SC)
Judgement delivered on May 17th 2013
Brief
Facts
The Respondent/Cross-Appellant was the Plaintiff at the trial court while the Appellant/Cross-Respondent was the Defendant. Around 10th January, 1998, the Defendant engaged the services of the Plaintiffs tanker with registration No. AA418 LGJ to convey fuel from NNPC Jos depot to its service stations at Bauchi and Joseph Gomwalk Road in the Jos metropolis. While the tanker was discharging fuel at the Jos Road Filling Station there was a fire incident which resulted in the destruction of the entire tanker, its hose, spare tyre and jack. Consequent upon the fire incident, the Plaintiff commenced an action in Suit No. PLD/J/90/98 for negligence against the Defendant and in paragraph 26 of the Statement of Claim asked for N5,000,000.00 (Five Million Naira) only as special and general damages made up as follows:-
The learned trial Chief Judge found the Defendant negligent after the parties had given evidence upon the pleadings filed and exchanged and in his judgement delivered on 28th April, 2000 entered judgement for the Plaintiff and made the following awards:
The Defendant felt aggrieved and lodged an appeal to the Court of Appeal, Jos (hereinafter called the lower court).
The lower court upheld the finding made by the trial court that the defendant/appellant was negligent but set aside the award of N3.5 million being the value of the tanker. It left intact the awards of N9,672,30 as daily loss of earnings for 839 days and the award of N656,216.00 general damages.
Still dissatisfied the with judgment of the lower court, the appellant has appealed to this Court on those portions of the judgment which affirmed the awards made for loss of use and general damages and the findings of negligence and asked this Court to dismiss the plaintiff’s case in its entirety.