Court Awards N603m, 151,000 Rupees against Julius Berger Nigeria

After eight years, the Court of Appeal sitting in Owerri has awarded the sum of Six Hundred and Three Million, One Hundred and Eighty Thousand, Five Hundred and Sixty Naira (N603, 180, 560) and One Hundred and Fifty Thousand (150, 000) Rupees against Julius Berger Nigeria Plc as General and Special damages in an appeal instituted by a woman, Philomena Ugo in a case delineated CA/OW/146/2010.

This award according to the Presiding Judge, Justice Raphael Chikwe Agbo, is in addition to the sum of Twenty Eight Million, Five Hundred and Sixteen Thousand, Six Hundred and Eighty Thousand Naira (N28, 516, 680) and 108, 000 Lakh that had earlier been awarded by a High Court sitting in Owerri as special damages for Mrs. Philomena Ugo’s treatment in Nigeria and part of her overseas treatment.

The case which took a period of eight years to decide was filed by a Lagos based lawyer, Mr. Emeka Ozoani, asking for a court declaration that a Julius Berger driver, Godwin Obado’s negligent driving of a Julius Berger truck with Registration number XA 493 BWR and fleet number B4690 on December 8, 2006 which colluded with his client, Philomena Ugo’s car was unlawful, malicious, reckless and negligent.

He also asked for a court declaration that Julius Berger be held vicariously liable for the reckless, malicious and negligent driving of their truck by Obado.

The case started at the Magistrate Court in Onuimo, Imo state, where Godwin Obado was charged and convicted on Wednesday, May 21, 2008 on a two count charge of driving without a driver’s license and negligent driving in charge No MCO/64C/2007 and during the trial, Julius Berger commenced a third party proceeding against their insurer, Equity Assurance Plc which they discontinued abruptly without giving reasons.

The case was also heard at the High court in Owerri and it was resolved in favour of Ozoani’s client but dissatisfied with the judgment of the high court and the cost awarded against it, Julius Berger appealed against the lower court’s judgment on the ground that the learned trial judge misdirected itself in law by wrongly evaluating the evidence before it, by holding that the accident was caused by Julius Berger’s driver, in failing to uphold the defendant’s distinctive evidence and by awarding money based on receipts bearing Hilltop Clinic and relying on evidence of a Dr. Amachi Uchenna Kachi.

However, Ozoani based his arguments on four points; evidence of the police witness, sketch map of the accident scene tagged Exhibit ‘A’, state of the pleadings and findings of the trial court on negligence of Godwin Obado.

He also filed a cross appeal claiming the judge erred in law when she failed to make a finding on the validity or otherwise of Godwin Obado’s driving license and also make award on some exhibits and exemplary damages.

At the end of the arguments, the Appellate court Judges that heard the case; Justice Peter Olabisi Ige, Justice Frederick O.Oho and the presiding Judge, Justice Agbo ruled that some part of Ozoani’s cross appeal should succeed.

“It seems to have been established by judicial authority that in personal injury cases, two main factors have to be taken into consideration in assessing damages in cases of liability. These are financial loss resulting from the injury and the personal injury involving not only pain and suffering but also the loss of pleasures of life.

“That precisely is what this court has done in the determination of this case and as a result of which, we have arrived at the following conclusions as it affects the cross appeal. The cross appeal succeeds in part”

The court further ordered that N500,000 be paid as general damages for pain, suffering and loss of expectations, N94,375,020 be paid as general damages for ongoing medical treatment, N5,727,540 for item of special damages for drug purchase, N1,808,000 and N1,200,000 for expenses incurred on nursing and cab as well as 151, 000 Rupees for purchase of walking aids and other aids in addition to N28,516,680 earlier awarded by the lower courts.