TRENCO (NIGERIA) LTD V. AFRICAN REAL ESTATE AND INVESTMENT CO. LTD & ANOR
August 4, 2025ABIGAIL MOJIBOLA MAJEKODUNMI & ANOR. V. NATIONAL BANK OF NIGERIA LTD
August 4, 2025Legalpedia Citation: (1978-03) Legalpedia (SC) 11846
In the Supreme Court of Nigeria
Fri Mar 31, 1978
Suit Number: SC. 342/1976
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
PARTIES
N.E. EKPE
APPELLANTS
S.A. FAGBEMI
RESPONDENTS
AREA(S) OF LAW
NEGLIGENCE – DAMAGES
SUMMARY OF FACTS
The respondent is the owner of a car No. LN 3542. which was badly damaged upon collision with a car driven by the appellant along Ladoke Akintola Road.
HELD
The Court held that the appeal is partly allowed. The judgment of the trial Judge in the sum of £992:0s:0d is set aside. Instead, there shall be judgment for the Respondent in the sum of £916:4s:2d (N1832.41). Costs in favour of the Appellant is assessed at N82.
ISSUES
1. Whether the learned Judge is right in treating the cost of repairs as an item to be taken into account in the award of general damages or that the cost of repairs should be treated independently as an item of special damages;
2. Whether under the circumstances of the case the award of general damages can be justified; and
3. Whether the award for loss of use was excessive.
RATIONES DECIDENDI
DOUBLE COMPESATION
“The Respondent having been fully compensated by the awards for the cost of repairs and loss of use for the damage done to him, he is not entitled to recover an additional sum as general damages. Such additional sum would be unjustified double compensation.” Per Mohammed Bello J.S.C.
CASES CITED
Seismograph Service (Nigeria) Ltd. v. Chief Eyuafe (1976) 9 and 10 S.C.135 at p.155
Chukura Akinhe v. Mathews Ekundo 14 WACA 59 at p.60.
Shearman v. Folland (1950) 2K B. 43″.
Thomas Kerewi v. Bisiriyu Odegbesan (1965) 1 All NLR 95.
The Kingsway (1918) P.344. London Corporation (1935) p. 70.
George Onaga & Ors v. Micho & Co. (1961) All NLR 324 at 328.
Kwabena Oduro v. Asare Lartey WACA 46 at 48.
STATUTES REFERRED TO
Not Available
