Notifications
Clear all
Topic starter
July 1, 2019 2:09 am
"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)