IKEANAEKE EZEAKABEKWE & ORS VS JULIUS EMENIKE
June 27, 2025OBASI IBENYE & ORS VS ABRAM AGWU & ANOR
June 27, 2025Legalpedia Citation: (1998-04) Legalpedia 97852 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Sep 25, 1998
Suit Number: SC 83/1994
CORAM
A.B. WALI, JUSTICE SUPREME COURT
E.O. OGWUEGBU, JUSTICE SUPREME COURT
M.E. OGUNDARE, JUSTICE SUPREME COURT
U. MOHAMMED, JUSTICE SUPREME COURT
PARTIES
1. ALPHONSUS IBEANU(CARRYING ON BUSINESS UNDER THE NAME AND STYLE OF DE ROYAL TRANSPORT SERVICES)
2. MARTINS NZEKWE
APPELLANTS
1. PETER A. OGBEIDE
2. BENSON EDOKPAYI
RESPONDENTS
AREA(S) OF LAW
NEGLIGENCE – DAMAGES – VICARIOUS LIABILITY – LAW OF CONTRACT
SUMMARY OF FACTS
The 2nd appellant a servant of the 1st appellant and driver of a luxury bus, owned by the 1st appellant, drove the said vehicle along a public highway negligently and collided with a diesel tanker, owned by the 1st respondent. The tanker was set ablaze and all the fuel in it destroyed.
HELD
The Court held that this appeal fails and it is dismissed. The judgment of the Court of Appeal is hereby affirmed.
ISSUES
1. Whether the plaintiffs proved ownership of vehicle No. BD 2426 BF.
2. Whether on the preponderance of evidence the item of damages claimed by the plaintiff was not challenged.
RATIONES DECIDENDI
PROPER TRAVERSE
“A proper traverse must be a specific denial or a specific non-admission. A general traverse ought not to be adopted in respect of essential and material allegations in the statement of claim.” Uthman Mohammed, JSC
AWARD OF DAMAGES
“Party claiming damages should establish his entitlement to that type of damages by credible evidence of such character as would suggest that he indeed is entitled to award of damages.” Uthman Mohammed, JSC
CASES CITED
1. Lewis and Peat (NRI) Ltd. v. Akhimien (1976) 1 All NLR (Pt. 1) 460
2. Akintola v. Solano (1986) 2 NWLR (Pt. 24) 598, (1986) All NLR 395 at 421.
3. Idahosa v. Oronsaye (1959) SCNLR 407; (1959) 4 FSC 166
4. A.G. Oyo State v. Fairlakes Hotels Ltd. (1989) 12 S. C. 1, (No. 2) (1989) 5 NWLR (Pt. 121) 255 at 277
STATUTES REFERRED TO
None.
