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MALLAM SULE TASALLA v. MAGAJI BA'ARE & ANOR

(2018) LPELR-44454(CA)

In The Court of Appeal of Nigeria

On Friday, the 18th day of May, 2018

CA/S/115/2015


Before Their Lordships

HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria

MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria

FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria


Between

MALLAM SULE TASALLA - Appellant(s)

AND

1. MAGAJI BA'ARE
2. ABDU NA MAGARE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Tort of Negligence.
FACTS:
This appeal is against the Judgment of the Kebbi State High Court.

According to the appellant, on the 11th July, 2008 at about 3:00pm, the appellant was driving his Toyota Corolla car towards Argungu Town on the Birnin Kebbi - Argungu High way at a point near Argungu gate when suddenly the 1st respondent who was driving a big truck left his lane and crossed over to the appellant's lane in process of which the appellant's car was violently hit and severally damaged. The big truck driven by the 1st respondent belonged to the 2nd respondent, who upon realizing that it was the 1st respondent who was at fault, visited the appellant and also sent emissaries offering to put back his vehicle to its former state but the appellant rejected the offer and demanded a replacement of his car.

Following failure of negotiations, the appellant reported the matter to the Chief Magistrate Court, Argungu which Court opted to settle the matter amicably by asking a panel-beater to repair the appellant's car but in spite of that, the car was still not in a serviceable condition, which prompted the appellant to reject the repairs and thereafter commenced a civil suit at the trial Court, asking for the following reliefs:

(a) N600, 000.00 being the current price of the car, 
(b) N180, 000.00 special damages (11/07/2008 to 3/10/2008).

After settlement of pleadings, the matter proceeded to trial, at the close of which, the learned trial judge found that there was evidence of contributory negligence on part of either sides and awarded no cost for either the value of the damaged vehicle or cost of its repairs. Aggrieved, appellant appealed to the Court of Appeal.

ISSUES:
The issues for determination in the appeal are:
1. Whether the learned trial judge was right in law to refuse to award the appellant the cost of the vehicle after holding that the appellant proved his case.
2. Whether the learned trial judge was right in law to rely on the principle of contributory negligence to reduce the award of special damages when same was neither pleaded nor was evidence led on it.

DECISION/HELD:
On the whole, the appeal was allowed.


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