RABIU HAMZA V PETER KURE

CORAM

PARTIES

RABIU HAMZA APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff claimed that he sustained substantial and grave injuries due to the defendant’s negligent driving. The trial judge entered judgment for the plaintiff. On appeal, the court of appeal set aside the trial court’s judgment. The appellant has further appealed

HELD

Appeal dismissed

ISSUES

NONE

RATIONES DECIDENDI

NEGLIGENCE:AWARD OF DAMAGES.

The general principle of the law of liability, especially in torts of negligence is that award of damages entirely depends on whether a party has established his case or not. Per MUHAMMED J.S.C

WHEN APPELLATE COURT CAN DEAL WITH FACTS AND FINDINGS OF LOWER COURT.

Where the findings of fact made by a trial judge are not supported by credible evidence, or there is improper evaluation of evidence, the appeal court is in as much good position to deal with the facts and findings as the trial court. Per MUHAMMED J.S.C

CASES CITED

1. BLYTH V. BIRMINGHAM WATERWORKS COMPANY. [1856] 11 Exch. 781 at 7842. IITA V. ARMANI [1994] 3 NWLR [part 332] 2963. KALLA V. JARMAKANI 1961 All NLR 2474. NNEJI V. CHUKWU [1996] 10 NWLR [part 478] 265 at 274 F- G;5. DAN MAINAGGE V. GWAMNA [2004] 7 SCNJ 361;6. OKINO V. OBANEBIRA & ORS. [1999] 12 SCNJ; 27;7. BUHARI V. INDEPENDENT ELECTORAL COMMISSION [2008] 12 SCNJ; 18. GARUBA V. YAHAYA [2007] 1 SCNJ 352

STATUTES REFERRED TO

NONE

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