Benjamin Obasuyi & Anor V. Business Ventures Ltd (2000)

LAWGLOBAL HUB Lead Judgment Report

M. A. BELGORE, J.S.C.

The appellants were defendants at the trial High Court of former Bendel State. The case now on appeal from Court of Appeal, Benin Division arose out of an accident involving a trailer tipper of Mercedes Benz make of the appellants and a Mercedes Benz make trailer tanker of the respondent. That was on 29th day of December 1988 along Benin – Auchi highway. The Police visited the scene of the accident on 30th day of December 1988 to investigate the accident. Thereafter the respondent’s trailer tanker was towed to the Police post at Auchi. The Respondent’s vehicle, travelling along Benin-Auchi road, on its right side of the road, was suddenly ran into by appellants’ vehicle that left its own lane. At trial Court the appellants were found liable. Court of Appeal never disturbed the issue of negligence leading to the acident as found by the trial Court. However, the contention of the appellants is that the lower Court which upheld the trial Court’s award of damages was in error just as the trial Court was. Thus the issue of liability for the accident is not contested before the Supreme Court. In the statement of claim the respondent claimed under “Particulars of Special Damage” as follows:-

(i)Estimated cost of Damaged spare parts……… 362,578.00

(ii)Estimated cost of labour and sundry charges 10,200.06

(iii)Loss of use from 29/12/88 to 31/10/89 – 306 days less 44 Sundays =262

x N2,000.00 =…….. 524,000.06

896,778.06

(iv) Loss of use at the rate of N2000.00 per day from 1st November 1989 up to the date of repairs or date of judgment to be calculated.And the Plaintiff claims from the defendants special damages limited to N1,500,000.00″

The respondent made two subsequent amendments to the statement of claim under “Particulars of Special Damages” for “loss of use from 29/12/88 to 31/3/90 less Sundays and Public Holiday, 387 days at the rate of N2000.00 per day = N774,000.00”. At the trial, PW7 gave evidence; the only evidence of loss of use was inter alia, as follows:-

“I claim N2000.00 per day from 29/12/88 to the date of judgment. I also claim N372,578.06 cost of repairs etc. as per Exhibit ‘A’”.

In its judgment, trial Court found for the respondent and awarded him:

(a) Cost of spare parts and Labour N372,778.06

(b) Loss of use of vehicle from 29/12/88 to 31/5/90 Less Sundays and Public Holidays, 439 days at N2000 per day = N878,000.00

Total = N1,250,778.06