INTERMERCOSA (NIG.) LTD & ANOR V ANAMBRA MOTOR MANUFACTURING CO. LTD (ANAMMCO) & ANOR
June 11, 2025OLUSOLA FATUNBI VS EBENEZER O. OLANLOYE
June 11, 2025Legalpedia Citation: (2004) Legalpedia (SC) 91716
In the Supreme Court of Nigeria
Fri Jun 25, 2004
Suit Number: SC. 132/2000
CORAM
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT
PETER-ODILI JUSTICE, SUPREME COURT
PARTIES
INTERNATIONAL MESSENGERS NIGERIA LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent claimed damages for mental and psychological shock due to the negligence of the appellant in delivering a letter inviting him for an interview. ?
HELD
The court held that the appellant was not negligent and that the award by the two lower courts for loss of opportunity was not claimed by the respondent whose claim was for mental and psychological shock. ?
ISSUES
1. Whether the Court of Appeal was right in holding that the defendant/appellant was negligent in handling the said package which negligence resulted in damages to the plaintiff/respondent.2. Whether the Court of Appeal was right to have made an award for damages for lost opportunity having regard that the plaintiff/respondent did not claim for lost opportunity but for mental and psychological shock.
RATIONES DECIDENDI
CASES CITED
1. DONOGHUE VS. STEVESON [1932] AC 5622. JUNIOR BOOKS LTD VS. VEITCHI CO. LTD. [1983] 1 AC 5203. ABUSOMWAN VS. MERCHANTILE BANK OF NIGERIA LTD. [1987] Pt. 2 Vol. 18 NSCC 878 at 8874. HEDLEY BYRNE VS. HELLER [1964] AC 465, DORSET YACHT CLUB VS. HOME OFFICE [1976] AC 10045. OKOYA VS. SANTILI [1994] 4 NWLR (Pt. 338) 256 at 303 and 304
STATUTES REFERRED TO
None.?
