CORAM

SALIHU M.ALFA BELGORE, JUSTICE, SUPREME COURT

SYLVESTER U. ONU JUSTICE, SUPREME COURT

UMARU A. KALGO, JUSTICE, SUPREME COURT

SAMSON O. UWAIFO, JUSTICE, SUPREME COURT

AKINTOLA O. EJIWUNMI, JUSTICE, SUPREME COURT

PARTIES

1. GANIYU BADMUS2. DANTATA TRANSPORT LIMITED APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

Judgment was entered against the appellants at the lower courts for negligence of the appellants which resulted in causing damage to the shop and main building of the respondent

HELD

The court held that the respondent failed to prove special damages and no pronouncement was made by the trial court on general damages and as such the court of appeal was wrong to have converted the special damage awarded to the respondent by the trial court to general damages. The appeal was accordingly allowed and the judgements of the lower courts set aside

ISSUES

Whether the Court of Appeal was right in awarding, by way of substitution, N17,000.00 as general damages for the value of the shop and cost of repairing the main building having disallowed it under the claim for special damages although the plaintiff did not cross-appeal nor file respondent’s notice to affirm the judgment on other grounds.

RATIONES DECIDENDI

CASES CITED

Jabes v. Basma (1952) 14 WACA 140Osuji v. Isiocha (1989) 3 NWLR Pt. 111) 623 at p. 633 Sommer v. Federal Housing Authority (1993) 1 NWLR (Pt. 219) 548 at p. 561Ijebu-Ode Local Govt. v. Adedeji Balogun Co. (1991) 1 NWLR (Pt. 166) 136 at P. 158; Eseigbe v. Agholor (1993) 9 NWLR (Pt. 316) 128 at 145Stroms Bruks Aktie Bolag v. Hutchison (1905) A.C. 515 at 525-526. The Susquehanna (1926) AC 655 at p. 661Nwobosi v. African Continental Bank Ltd. (1995) 6 NWLR (Pt. 404) 658 at 689African Shipping Agency v. Kalia (1978) 3 SC 21 at 32; (1978) 11 NSCC 114 at 120Obajinmi v. Attorney-General Western Nigeria (1967) 1 All NLR 31 at 34

STATUTES REFERRED TO

NONE ?

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