In his motion filed through his lawyer, Mr. Kinsley Asogwa, the plaintiff was asking the court to declare that the act by the two defendants led to the damage of his Dodge Caravan car with registration number DN 449LSD, which he said constituted negligence pursuant to the Torts Law of Enugu State 2004.
According to the plaintiff in his statement of claim, the truck with registration number XU88FK, owned by Abba and allegedly negligently driven at about 3.20pm by the second defendant, Mohammed on November 29, 2012 ran into his vehicle and damaged it.
He stated that he was parking his car along others where he was waiting to pick his wards from their school at Nsukka-Idah road, but without adequate care, the driver of the truck ran into his car and damaged it.
Okoro averred that following the incident, the first defendant, who is the owner of the truck "admitted liability to all the owners of the damaged vehicles and proceeded to settle all of them by making payments to all of them one by one after assessing the extent of damages, but refused and failed to extend the same gesture to the plaintiff undertaking that he could only offer the plaintiff, whose car was badly damaged the sum of N150, 000 only," a gesture which did not went down with the plaintiff.
According to him,the moment he spoke with the first defendant on the degree of the damage to his car and the cost of the damaged parts, he said he only insisted on paying only N150,000 without recourse to the damage.
He also averred that while he assessed the cost of repairs, including spare parts and mechanical works, and the cost of transporting his children to school after the accident, he was given a bill of N1, 360,000.
He submitted that the accident and the damages on the vehicle has caused him huge losses arising from the loss of enjoyment from the car as well as incalculable psychological trauma and pecuniary losses due to the damaged car.
He therefore prayed the court to grant his prayers by awarding the general as well as special damages against the defendant jointly and severally.
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