Rabiu Hamza V. Peter Kure (2010)

LAWGLOBAL HUB Lead Judgment Report

T. MUHAMMAD, J.S.C.

The plaintiff took out a special indorsed Writ of Summons from the Kaduna State High Court of Justice, holden at Kaduna [trial court]. The defendant, who was served with the Writ of Summons was a commissioner in the Kaduna State Government. The plaintiff alleged that on or about the 20th day of March, 1995, about 6.00pm; he was riding his motorcycle along the Constitution Road [dual lane] heading to Kabala Costain from Ahmadu Bello Stadium. When he got to a U-turn, very close to Abubakar Kigo road, the defendant supposedly trying to make a U-turn, negligently drove, managed and controlled his Peugeot 505 and caused or permitted his said vehicle to collide violently and hit down the plaintiff who claimed to be riding along his lane of the said road, thereby causing substantial and grave injuries to the plaintiff. Plaintiff particularized the alleged negligence;

(a) the defendant failed to give the said on – coming motor-cyclist (that is plaintiff) sufficient time to safely pass before making or attempting to make a U-turn;

(b) the defendant failed to see or take special care at the said U-turn before turning;

(c) the defendant failed to keep any proper look out or to have any sufficient regard for traffic that was or might reasonably be expected to be on the said road;

(d) the defendant failed to stop, to apply or properly apply his brakes, to slow down or in any other way to manage or control the said car as to avoid the collision;

(e) failing to drive at a reasonable speed while making a U-turn at the U-turn spot.

The plaintiff averred further that by reason of the violent collision, the plaintiff’s left leg was seriously crushed with loss of bone from tibia/fibula. The plaintiff was as a result, rendered unconscious and admitted. The plaintiff claimed that his crushed left leg was required to and did attend the clinic for a period of twenty four [24] days for further medication after discharge. Plaintiff claimed that he was required on admission at the clinic to be under special diet to facilitate healing of the wounds. He claimed to have spent a total sum of N16,000.00. He also claimed to have lost a purse on the accident day containing the sum of N4,500.00. Plaintiffs claimed further that the motor cycle he was riding on that fateful day used to fetch him N200.00 daily. It was badly smashed and damaged and plaintiff had to expend money to repair it. The damaged machine roadworthy and he collected it from the Police for use on the 20th of November, 1995. In paragraph 15 of his statement of claim, the plaintiff made the following claim for special damages:

“15 The plaintiff avers that the collision has incapacitated him and have [sic] incidentally caused him specific losses/expenses in numerous and various ways:

PARTICULARS FOR SPECIAL DAMAGES:

[a] Cost of walking crawls …………………. N650.00

[b] Cost of transportation at N200.00 daily from the plaintiff’s residence to the clinic for 21 days after discharge for injection and dressing…………… N4,800.00

[c] Total cost of the prescribed/special feeding for

thirty-two days on admission………………… N16,000.00