OZUDE VS INSPECTOR-GENERAL OF POLICE
September 3, 2025AMUSA ALLI OWE VS J. O. OSHINBAJO
September 3, 2025Legalpedia Citation: (1965-03) Legalpedia 70277 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Mar 19, 1965
Suit Number: FSC 157/1963
CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
KEREWI
APPELLANTS
ODEGBESAN
RESPONDENTS
AREA(S) OF LAW
NEGLIGENCE – DAMAGES
SUMMARY OF FACTS
The respondent’s car was totally damaged due to the negligence of the appellant. The trial court awarded special damages for balance of payment on hire purchase with respect to the car, loss of continuous earnings and general damages.
HELD
The court allowed the appeal and held that the respondent was only entitled to the cost of replacement and compensation for loss of earnings.
ISSUES
Whether the learned trial judge was appropriately assessed damages
RATIONES DECIDENDI
NATURE OF DAMAGES FOR TOTAL LOSS OF A VEHICLE DUE TO NEGLIGENCE
When there is total loss of a car as a result of the collision due to negligence, the measure of damages is the value of the car at the time of the accident plus such further sum as would compensate the owner for loss of earnings and the inconvenience of being without a car during the period reasonably required for procuring another car- Onyeama J.S.C.
CASES CITED
S. W. Ubani-Ukoma v. G.E. Nicol (1962) 1 All N.L.R. 105,
Dredger v. S.S. Edison (1933) A.C. 449
STATUTES REFERRED TO
