PRINCE OLUFEMI FASADE & ORS V PRINCE IYIOLA BABALOLA
June 16, 2025LINUS OKEREKE V CHINYERE NWANKWO
June 16, 2025Legalpedia Citation: (2003) Legalpedia (SC) 85861
In the Supreme Court of Nigeria
Fri Apr 25, 2003
Suit Number: 30/1999
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
AKINTOLA OLUFEMI EJIWUNMI , JUSTICE, SUPREME COURT
PARTIES
CAPPA AND D’ALBERTO LTD APPELLANTS
DEJI AKINTILO RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
On 19th October, 1990, the workmen of the appellant negligently allowed flying stones to drop on the rear windscreen of the plaintiff/respondent’s car and shattered same and caused damage to the car.
HELD
Appeal dismissed.
ISSUES
“1. Whether the Court of Appeal was right in holding that the appellant’s offer made in the course of negotiation to settle out of court amounted to an admission of the respondent’s claim.2. Whether the Court of Appeal was right in affirming the award of N2,000.00 per day as special damages for loss of use.3. Whether the Court of Appeal has the power to ground the award of N2,000.00 upon evidence other than the one that weighed in the mind of the trial Judge.”
RATIONES DECIDENDI
AUTHORITY OF COUNSEL
The authority of counsel at the trial of a case extends to the action and all matters which are incidental to the action. Per Niki Tobi J.S.C.
DAMAGE TO VEHICLE
It is elementary in the law of damages for a court to award damages for loss of use arising from damage to vehicle. Per Niki Tobi J.S.C.
ADMISSION
An admission is a statement, oral or written (expressed or implied) which is made by a party or his agent to a civil proceedings and which statement is adverse to his case. It is admissible as evidence against the maker as the truth of the fact asserted in the statement. Per Niki Tobi J.S.C.
CASES CITED
Ogunnaike V. Ojayemi (1987) 1 NWLR (Pt. 53) 760Mohammed V. Local Government Police (1970) NNLR 98; (1970) 2 All NLR 202Iga V. Amakiri (1976) 11 SC 1.Adewunmi V. Plastex (Nig.) Limited (1987) 3 NWLR (Pt.32) 767
STATUTES REFERRED TO
The Evidence Act, 1990
