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  • 2003-04-28
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Uman vs. Owoeye

1.      ALHAJI DANJINJIN UMAN

2.      IBRAHIM MOHAMMED

V

MRS. C. T. OWOEYE

COURT OF APPEAL

( IBADAN DIVISION )

SUNDAY AKINOLA AKINTAN, JCA ( Presided )

DALHATU ADAMU, JCA

OLUFUNLOLA OYELOLA ADEKEYE, JCA ( Read the Lead Judgment )

CA/I/M.88/2001

&

CA/I/134/2001

TUESDAY, 23RD APRIL, 2002

APPEAL - Damages awarded by trial court - When appellate court will interfere

COURT - Award of damages by court - Court to avoid double compensation in claims for general damages

DAMAGES - Assessment of damages - Duty of court to avoid double compensation in claims for general damages

DAMAGES - Award of damages by trial court - When appellate court will interfere therewith

DAMAGES - Award of special damages - Whether general damages can be awarded in respect of same item for which special damages was awarded

DAMAGES - Damages - Meaning of and rationale therefor

DAMAGES - Double compensation - Separate awards of transportation cost and loss of use in a case for damages for loss of chattel Whether amounts to double compensation and should have been avoided

DAMAGES - General damages - Meaning of - What it implies

DAMAGES - Mitigation of loss - Duty of party wronged to so do

DAMAGES - Special damages - Nature and attribute of - Basis for strict proof of claim for special damages

DAMAGES - Special damages - Need to plead with certainty and particularity - Onus on plaintiff to prove strictly by credible evidence

DAMAGES - Special damages - Proof of - Unchallenged evidence as sufficient proof of

DAMAGES - Special damages - Receipt - Whether a necessity in proving special damages

DAMAGES - Special damages - Requirement of strict proof thereof - Whether includes extraordinary measure of evidence

DAMAGES - Total loss of chattel - Measure of damages - How proved

EVIDENCE - Special damages - Unchallenged evidence of as sufficient proof of

NEGLIGENCE - Action founded thereon - Party to prove special damages for case to succeed

PLEADINGS - Special damages - Need to plead with certainty and particularity - Onus on plaintiff to prove strictly by credible evidence WORDS AND PHRASES - General damages - Meaning of - What it implies

Issue:

Whether the award of damages by the learned trial Judge is justified in law considering the well settled principles of law guiding the award of special and general damages.

Facts:

The plaintiff/respondent sued the defendant/appellant at the High Court of Oyo State for special and general damages suffered by her as a result of the negligence in driving by the 2nd appellant along Ibadan-Lagos expressway, Ibadan.

The crux of the case of the respondent was that a trailer driven by the 2 nd appellant hit her Mercedez Benz 230 saloon car from the rear. As a result of the collusion, she went into a state of shock and was later treated in a hospital for the bruises and injury she sustained. According to her, the 2nd respondent was charged and convicted for dangerous driving and lack of insurance cover for the trailer involved in the accident.

At the end of the trial, the trial court granted all the reliefs sought by the respondent based on her evidence as the defendants/appellants were not represented at the trial. As the respondent made to execute the judgment, the applicants filed an application praying the court to set aside the judgment of the trial court on the ground of improper service of the hearing notice on them. The application was dismissed.

Aggrieved by the decision of the trial court, the defendants appealed.