May 15, 2025
Legalpedia Citation: (2013-04) Legalpedia (SC) 12125 In the Supreme Court of Nigeria Fri Apr 12, 2013 Suit Number: SC. 11/2004 CORAM WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, SUPREME […]
CORAM
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, SUPREME COURT
MUSA DATTIJO MUHAMMAD, JUSTICE, SUPREME COURT
MUSA DATTIJO MUHAMMAD, JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA , JUSTICE, SUPREME COURT
MUSA DATTIJO MUHAMMAD, JUSTICE, SUPREME COURT
MUSA DATTIJO MUHAMMAD, JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA , JUSTICE, SUPREME COURT
MUSA DATTIJO MUHAMMAD, JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA , JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, SUPREME COURT
MUSA DATTIJO MUHAMMAD, JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, SUPREME COURT
MUSA DATTIJO MUHAMMAD, JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA , JUSTICE, SUPREME COURT
MUSA DATTIJO MUHAMMAD, JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, SUPREME COURT
PARTIES
MRS. ESTHER IGHRERINIOVO APPELLANTS
UKUSEMUYA
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant as plaintiff at the trial court instituted an action against the respondents jointly and severally for the sum of =N=20,000,000.00 (Twenty Million Naira) as general damages or compensation for the loss of the appellant’s right leg which was amputated and for pain and other hardships suffered by her as a result of an accident which was caused by the action of the respondents, judgment was given against the respondents. Dissatisfied they appealed to the lower court in which the lower court allowed the appeal. The plaintiff felt dissatisfied with the position taken by the Court of Appeal and appealed to this court.
HELD
APPEAL ALLOWED
ISSUES
1. Whether on the proper appraisal of the facts, evidence and circumstances of this case, the Court of Appeal was right in law when it interfered with the award of damages made by the learned trial judge?
2. Whether having regard to the pleadings and evidence in this case, the Court of Appeal was justified in holding that the learned trial judge was right to accept the evidence for the plaintiff and act on it to enter judgment for the plaintiff.?
RATIONES DECIDENDI
UNCHALLENGED EVIDENCE-HOW TO BE ACTED UPON BY COURT
“It is the law that unchallenged evidence which is credible stands and should be accepted and acted upon by the court.”
CASES CITED
Ogugua v. Armels Transport Ltd. (1974) -3 SC 139UBNPlc v Eskol Paints Ltd. (1997) 8 NWLR (Pt. 515) 157Okeke v. Obidife (1965) 1 AllNLR 50.Omoregbe v. Lawani (1980) 3-4 SC 108, 117Fasoro v. Beyioku & Ors. (1988) 2 NWLR (Pt. 76) 263, 271Magaji v. Cadbury Nig. Ltd. (1972) 2 97?
STATUTES REFERRED TO
NONE