May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 00421 In the Supreme Court of Nigeria Fri Apr 30, 2010 Suit Number: SC.56/2003 CORAM CHRISTOPHER MITCHELL CHUKWUMA-ENEH , JUSTICE, SUPREME COURT […]
CORAM
CHRISTOPHER MITCHELL CHUKWUMA-ENEH , JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH , JUSTICE, SUPREME COURT
PARTIES
MR. FELIX NWOYE ADIM APELLANT(S) / CROSS RESPONDENT(S)
NIGERIAN BOTTLING COMPANY LTD
RESPONDENTS / CROSS APPELLANTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant sued the respondent for damages from the negligent driving of the latter. He felt dissatisfied with the damages awarded so he appealed to the court of appeal; the court of appeal further reduced the damages awarded by the court of appeal. The appellant has further appealed
HELD
Appeal dismissed
ISSUES
NONE.
RATIONES DECIDENDI
DAMAGES:WHEN APPELLATE COURT CAN INTEFERE WITH AWARD-
“An appellate Court may only interfere with an award of damages when the award is manifestly too high or too low or is based on the wrong principles of law”. Per MUSDAPHER J.S.C
COSTS:TYPES-
“There is a distinction between costs awarded according to settled principles, and costs awarded in the exercise of a discretion on particular facts”. Per MUSDAPHER J.S.C
DAMAGES : HOW DETERMINED.
“The particularity of the pleading and the evidence must be such that the losses are exactly known and accurately measured”. Per MUSDAPHER J.S.C
CASES CITED
1. INCAR VS. BENSON (1975) 3 sc 117
2. BRITISH TRANSPORT COMMISSION VS. GOURLEY (1956) A,C. Pg. 185
3. ODULAJA VS. HADDAD (1973) 11 SC 351.
4. ODUMOSU VS. A.C.B. (1976) 11 SC 55.
5. AFRICAN NEWSPAPERS LTD VS. CIROMA (1996) 1 NWLR (Pt. 423) 156.
6. ROCKONOH PROP CO. LTD. VS. NITEL (2001) 14 NWLR (Pt. 733 468
7. B.E.O.O. VS. MADUAKOH (1975) 12 SC 91
8. AGBAJE VS. JAMES (1967) NMLR 49, AGUNWA VS. ONUKWE (1962) 1 ALL NLR 537
STATUTES REFERRED TO
NONE