CaseLaw
Shehu V. Afere (1998) CLR 6(g) (CA)
Brief
Facts
The background of this case is that on 10th September, 1992, the 2nd respondent and his wife Mrs. Sandra Oluyemi Abboud were traveling along Mokwa-Bokani Road in a Hyundai GL Saloon Car Registration No. OY 4297 AH driven by the 2nd respondent’s wife. 1st Defendant now the 1st appellant was the driver of Fiat Trailer Registration No. KN 482 KG which was coming in an opposite direction when the two vehicles were involved in an accident resulting to the death of the 2nd respondent’s wife and the 2nd respondents also sustained very serious injuries.
As a result of this, the 2nd respondent on behalf of himself and as the next friend of 1st respondent (an infant) filed an action against the 1st and 2nd appellants as defendants claiming a total sum of N14, 140,754.00 being Special and General damages. The 1st appellant was in the employment of the 2nd appellant who is the owner of the Trailer Registration No. KN 482 KG.
On the application of the 2nd appellant, Guinea Insurance PLC with whom the Trailer was insured was joined as a Third Party.
Thereupon pleadings were ordered and duly files and exchanged.
The appellants on the other hand Counter-Claimed the sum of N13, 982,400 being General and Special Damages for loss sustained by the appellants.
At the end of the trial Judge in a reserved judgment found in favour of the 2nd respondent and awarded him the sum of N12, 621,520.00 (Twelve Million Six Hundred and twenty-One Thousand Five Hundred and Twenty Naira) as Special and General Damages and also dismissed the appellants’ Counter-Claim.
Dissatisfied with that Judgment, the appellants have now appealed to this court but there is no appeal filed by the appellants against the dismissal of their Counter-Claim.