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HON. JUSTICE K. O. ANYAH (RTD) VS IMO CONCORDE HOTELS LTD.

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HON. JUSTICE K. O. ANYAH (RTD) VS IMO CONCORDE HOTELS LTD.

Legalpedia Citation: (2002) Legalpedia (SC) 10137

In the Supreme Court of Nigeria

HOLDEN AT ABUJA

Mon Dec 30, 2002

Suit Number: SC. 175/1995

CORAM


U. MOHAMMED

O. ACHIKE JUSTICE, SUPREME COURT

U.A. KALGO


PARTIES


HON. JUSTICE K. O. ANYA (Rtd) APPELLANTS


IMO CONCORDE HOTELS LTD.STEPHEN AGBANYUOLONGINUS NWORIE RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The plaintiff instituted action in negligence for the loss of his car which was parked at the defendant’s hotel.


HELD


The court held that negligence was not proved


ISSUES


Was the Court of Appeal right in holding that the respondent did not owe the appellant a duty of care especially in the light of the facts of this case? Was the Court of Appeal right in asserting that such duty of care could only be founded on contract? Was the Appellant entitled to the award of special and general damages? Whether the claim of N65,000.00 as the value of the cross-Respondent’s car was established


RATIONES DECIDENDI


CASES CITED


Benson v. Otubor (1975) 3 SC 9;|Okoli v. Nwagu (1960) SCNLR 48; (1960) 3 FSC 16,|Nigeria Airways Ltd v. Abe (1988) 4 NWLR (pt. 90) 524;|Strabag Construction (Nig.) Ltd v. Ogarekpe (1991)1 NWLR (pt. 170)733|Koya v. UBA (1997)1 NWLR (pt. 481) 251 at 291


STATUTES REFERRED TO


NONE|


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