CAPPA AND D’ALBERTO LTD. VS. AKINTILO (2003)

CASE SUMMARY

Supreme Court of Nigeria

Before Their Lordships:

  • Salihu Modibbo Alfa Belgore, JSC (Presided)
  • Sylvester Umaru Onu, JSC
  • Umaru Atu Kalgo, JSC
  • Akintola Olufemi Ejiwunmi, JSC
  • Niki Tobi, JSC (Read the Lead Judgment)

Suit number: SC.30/1999

Delivered on: 2003-04-25

Parties:

Appellant:

  • Cappa and D’alberto Ltd.

Respondent:

  • Deji Akintilo

Background

This case arose from negligence attributed to the workmen of the appellant, Cappa and D’alberto Ltd., which resulted in the damage of a vehicle owned by the respondent, Deji Akintilo. On October 19, 1990, while parked lawfully in his residence's compound, the rear windscreen of Akintilo’s Citroen XM was shattered by stones dropped by the appellant's employees. Subsequently, on October 22, Akintilo's solicitors wrote to the appellant demanding repairs and claiming special damages.

Issues

The key legal issues examined in this case include:

  1. Whether the Court of Appeal correctly classified the appellant's offer to settle the claim as an admission of liability.
  2. Whether the award of N2,000.00 per day for loss of use was justified under the circumstances.

Ratio Decidendi

The Supreme Court held that:

  1. Statements made by counsel during negotiation can constitute an admission of liability if explicitly stated, as was demonstrated in this case.
  2. The court retains the authority to award damages for loss of use if a vehicle is rendered unusable due to the defendant's actions.

Court Findings

The court found that:

  1. The appellant’s counsel explicitly admitted liability during proceedings, which served as an irrevocable acknowledgment of the damage.
  2. The evidence presented by the respondent supported the claim for loss of use. The respondent sufficiently demonstrated that he was deprived of using his vehicle due to the damage caused.
  3. The appellant failed to provide counter-evidence or disputing the claims made by the respondent, thus the court determined in favor of the respondent.

Conclusion

The appeal was dismissed, affirming the judgment of the lower courts. The Supreme Court upheld the decision that the admission made by the appellant’s counsel constituted a binding acknowledgment of liability, and the award for loss of use was justified based on the evidence provided.

Significance

This case is significant as it underscores the weight of admissions made by legal representatives in court and clarifies the standards for awarding damages for loss of use following negligence. The ruling also highlights the responsibility of parties to cohesively support their claims or face the consequences of an unchallenged assertion. This decision serves as a crucial precedent for future cases involving vehicle damage and personal liability.

Counsel:

  • Mahmud 'Gafar, Esq - for the Appellant
  • Respondent not represented

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