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Chagaury vs. Yakubu

NADIM CHAGAURY

C & C CONSTRUCTION CO. LTD.

V

IBRAHIM YAKUBU

COURT OF APPEAL

( ABUJA DIVISION )

IBRAHIM TANKO MUHAMMAD JCA ( Presided )

ZAINAB ADAMU BULKACHUWA JCA

MARY U. PETER ODILI JCA (Read the Lead Judgment)

CA/A/35/2000

TUESDAY, 3RD MAY, 2005

APPEAL -  Damages - Award of by trial court - When appellate court may interfere with

APPEAL - Fresh issue on appeal - Need to raise with leave of court

APPEAL - Grounds of appeal - Amendment of - Existence of at least one valid competent ground of appeal as a condition precedent to

APPEAL - Grounds of appeal - Non-conformity to a particular form Court striking out grounds of appeal for reason of - Impropriety of

APPEAL - Grounds of appeal - Rules of appellate procedure on formulation of - Rationale for

APPEAL - Issues for determination - Duty of appellate court to pronounce on all issues before it


APPEAL -  Issues in an appeal - Power of appellate court to identify real issues in controversy, quite apart from those formulated by parties

APPEAL - Misdirection or error-in law - Effect on judgment appealed against - Whether will invariably lead to reversal of judgment

DAMAGES - Award of by trial court - When appellate court may interfere with

DAMAGES - Remoteness of damages - Powers of court to consider even where not pleaded

JUDGMENT AND ORDERS - Misdirection or error-in law - Effect on judgment appealed against - Whether will invariably lead to reversal of judgment

TORT - Negligence - What is - Onus of proving - On whom lies

Issues:

1.              Whether the lower court was right in awarding the respondent N300,000.00 general damages as compensation after holding that the appellants were not negligent.

2.              Whether the award of N300,000.00 general damages was legally justifiable in the circumstances of this case.

Facts:

The respondent was the plaintiff in the trial court. He was in the employ of the defendants now appellants as a driver. By virtue of his work, he normally carried the 1st appellant’s cooks to their residence between 8 pm to 9pm for which he was paid overtime salary. On or about 20th May, 1994 , after dropping the cooks, he was attacked by armed robbers on his way back and was shot in the face. He managed to drive back to the 1st appellant who took him to the hospital where five out of the six pellets in his face were removed. He later on sued the appellants claiming N15 million ( fifteen million naira) as damages for negligence. The trial Judge after examining the evidence of both parties entered judgment for the plaintiff, awarding him the sum of N300,000.00 (three hundred thousand naira) as damages. The respondent was dissatisfied and appealed to the Court of Appeal against the award while the plaintiff cross-appealed for an increase of the judgment sum.