NIGERIAN AGIP OIL COMPANY LTD v. CHIEF FRANCIS DEO & ORS.
March 31, 2025JOHN HOLT PLC v. MARTIN NWABUWA
March 31, 2025Legalpedia Citation: (2020) Legalpedia (CA) 29241
In the Court of Appeal
HOLDEN AT BENIN
Wed Jul 22, 2020
Suit Number: CA/B/297/2008
CORAM
PARTIES
ALHAJI AZIZI YAKUBU
SUNNY INEDE
AREA(S) OF LAW
Not Available
SUMMARY OF FACTS
The Appellant instituted an action at the High Court of Edo State, holden at Benin City, against the Respondent wherein he claimed vide his amended statement of claim for the sum of N1,500,000.00 as cost for the replacement of the padded V. Boot Mercedes car; the sum of N50,000.00 for Medical expenses; General Damages; amongst other reliefs. Whereas, the 2nd Respondent defended the action in the lower court, the 1st Respondent did not. At the end of the trial, the Court found that the claim against the 2nd Respondent failed but that of the 1st Respondent was established and entered judgment for the Appellant against the 1st Respondent to the sum of N1, 300,000.00 as special damages and N1, 000,000.00 general damages. Dissatisfied, the Appellant has appealed against that part of the decision of the trial court dismissing his case against the 2nd Respondent.
HELD
Appeal Allowed
ISSUES
Whether or not, having regard to the facts and circumstances of the case, the trial court was right to have held that the 2nd respondent was not vicariously liable for the tort committed by the 1st respondent on the 27th day of April, 2003.
RATIONES DECIDENDI
COURT – DUTY OF COURT NOT TO BASE ITS DECISION ON SPECULATION
“The law is settled that a court of law has a duty not to speculate on anything. See Pele Ogunye v. The State (1979) 5 NWLR (Pt. 604) 548; Ikenta Best (Nig.) Ltd. v. A.G; Rivers State (2008) 8 NWLR (Pt.1084) 612; Ejezie v. Anuwu (2008) 12 NWLR (Pt.1101) 446 and Olabisi Olakunle v. The State (2018) 6 NWLR (Pt. 1614) 91.-
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available|
