The Benin, Edo State division of the Court of Appeal, has affirmed the judgment of the Edo State High Court, holding Nigerian Bottling Company (NBC) Plc and one of its drivers liable for a road crash that left Abidemi Obanikoro seriously injured and claimed the lives of a police orderly and a driver attached to former Minister of State for Defence, Senator Musiliu Obanikoro.
The court in a unanimous judgment delivered by Justice Lateef Adebayo Ganiyu and concurred in by the dou of Justices Bitrus Gyarazama Sanga and Asmau Ojuolape Akanbi, also dismissed the main appeal filed by NBC Plc and its driver, Hamza Mohammed, describing their appeal as ‘lacking merit’.
The dispute arose from consolidated suits filed by Professor Yemi Osinbajo, on behalf of Senator Musiliu Obanikoro, his daughter Abidemi Obanikoro, and Mrs. Agnes Akele, widow of the late Sergeant Felix Akele, following a fatal road accident caused by the negligent driving of a Nigerian Bottling Company vehicle.
The lower court presided over by Justice Ada Nnoyelum Ehigiamusoe, had on June 2, 2016 delivered a judgment awarding various sums to the claimants, including N1.5 million as reimbursement for burial expenses incurred for the deceased driver and police orderly, $184, 236.53 USD, for medical treatment and ambulance services used in transferring Abidemi Obanikoro to South Africa, hotel accommodation expenses incurred by Senator Obanikoro’s wife in South Africa, and N10 million in general damages for pain and suffering suffered by Abidemi Obanikoro.
Dissatisfied with the lower court’s decision, Nigerian Bottling Company and its driver through their lawyer, A. Ehiwuogun, challenged the judgment on 12 grounds. Among other issues, they argued that the trial court delivered its judgment outside the constitutionally prescribed period, improperly evaluated evidence, and wrongly awarded both special and general damages to the claimants.
The appellants further contended that the delay of more than two years between the adoption of final written addresses and delivery of judgment resulted in a miscarriage of justice and rendered the decision invalid.
At this same time, Dr. Gbenga Ojo, the new lawyer to the Obanikoros and Akele, filed cross-appeal against the judgment of the trial court on four grounds, which were: “the learned trial judge erred in law when she failed to award any amount as general damages to the 1st and 3rd Cross Appellants and awarded only N10 million to the 2nd Cross Appellant as general damages.
“The learned trial judge erred in law when she failed to award the Cross-Appellants the sum of N1.9 Million being the cost of two first class tickets for two trips from Nigeria to south Africa at the cost of N475,000.00 per person as part of the special damages.
“The learned trial judge erred in law when she omitted to add 10% post judgment interest to the amount awarded as damages against the Defendants/respondents.
“The learned trial judge erred in law when she failed to reckon with the nature of the case, length of time and amount spent by the cross Appellants in prosecuting the action in the award of N500,00,00 cost to the successful Claimants/cross Appellants.”
Deciding both the appeal and cross-appeal, the Court of Appeal rejected Appellants’ arguments, holding that mere delay in delivering judgment does not automatically nullify a decision unless it is shown to have occasioned a miscarriage of justice.
The court also held that the appellants failed to demonstrate that the trial judge’s assessment of evidence was adversely affected by the delay.
The appellate court also upheld the findings on negligence and liability, ruling that the trial court properly evaluated the evidence before reaching its conclusions.
On the cross-appeal filed by the Obanikoros and Mrs. Akele for post judgment interest, the Court of Appeal ruled that the trial court erred by failing to award interest on the judgment sums, and consequently ordered that a 20 percent post-judgment interest be applied to the cumulative sums awarded to the successful claimants from June 2, 2016, until full payment.
The court however dismissed claims seeking additional general damages, reimbursement of N1.9 million allegedly spent on air tickets to South Africa, and an increase in the N500,000 costs earlier awarded by the trial court.
The court held that the claimed airfare expenses were not supported by documentary evidence and therefore could not be granted as special damages.