MITIGATION OF DAMAG...
 
Notifications
Clear all

MITIGATION OF DAMAGES: Whether a plaintiff has an obligation to minimize damages

1 Posts
1 Users
0 Reactions
519 Views
Joined: 1 second ago
Posts: 0
Topic starter  

"The respondent ought to have taken steps to mitigate its loss by recovering the barge after it was submerged. See ONWUKA V OMOGUI (1992) 3 NWLR (Pt. 230) 392 at 401 where Babalakin JSC said "In law, a plaintiff is under an obligation to minimize damages. See the cases of BRITISH WESTING HOUSE ELECTRIC AND MANUFACTRUING COMPANY LTD V. UNDER GROUND ELECTRIC RAILWAYS COMPANY OF LONDON LTD (1912) AC 673 and OWNERS OF DREDGER HESBOSEH v OWNERS OF STEMSHIP EDISON (1933) AC 449." See also OKONGWU.V NNPC (1989) (PT, 115) 296, 319 - 320." In BOUYGUES NIGERIA LIMITED v. O. MARINE SERVICES LIMITED Suit No; CA/PH/172/2002 Per AWOTOYE, J.C.A. (P. 25, Paras. C-E)



   
Quote
Share: