2
(c)
The sum of N3,500,000.00 (Three million, five hundred
thousand Naira) being the cost of the Plaintiff’s vehicle
which is presently beyond repairs.
(d)
General damages arising from the Plaintiff’s lost of
revenue accruing to the bus assessed at the sum of
N10,000,000.00 (Ten million Naira).
(e)
Exemplary damages to the tune of N2,000,000.00 (Two
million Naira).
(f)
Interest on the judgment sum at the conservative rate of
28% per annum from the date of judgment until final
liquidation of the judgment.
(g)
Such further reliefs as this Hon. court may deem fit to
make in the circumstance of this case.
(h)
Cost of this action.
In his final written address, the learned Plaintiff’s counsel
formulated one issue for the determination of the court, thus:
“Whether the Plaintiff has proved his case and is entitled to all the
reliefs sought.”
Advancing his argument on the issue, he submitted that the
evidence led by the Plaintiff is left unchallenged and therefore, it
should be deemed admitted.
He placed reliance on the cases of
Uzondu v. Uzindu (1997)9 NWLR (pt. 521) 466 at 481; Odogwu v.
Odogwu (1992)7 NWLR (pt.253) 344 and Mirchandani v. Pinheiro
(2001)3 NWLR (pt.269) 573.
Appreciating his claim to be that of
negligence, the learned counsel drew the court’s attention to the
Supreme Court’s decision in the case of Hamza v. Kure (2010) All
FWLR (pt.539) 1070 at p.1085. He argued that since the defendant