C.A. SOBAMOWO V. THE FEDERAL PUBLIC TRUSTEE
August 28, 2025SOLA ADIO OLUSESI VS THE STATE
August 28, 2025Legalpedia Citation: (1970) Legalpedia (SC) 11611
In the Supreme Court of Nigeria
Fri May 22, 1970
Suit Number: SC 197/1969
CORAM
LEWIS, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
OBASEKE, JUSTICE, SUPREME COURT
PARTIES
VINCE ISIBOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
On the 21st of July, 1969, in the Lagos High Court the accused was found not guilty of manslaughter but guilty of dangerous driving contrary to section 18(1) of the Road Traffic Act and sentenced him to a fine of £100 or six months imprisonment with hard labour, and against that conviction the accused has appealed to this Court.
HELD
Appeal Dismissed.
ISSUES
1.Whether the learned trial judge was in error in refusing to allow the deposition to be put in on the request of counsel from the Bar without calling a witness to formally tender it.
RATIONES DECIDENDI
DEFINITION OF DANGEROUS DRIVING
What is meant by `driving in a manner dangerous is the manner of the actual driving, which in this case was the coming out of a minor road across a major road. It has been held time and time again that an offence under this section is an absolute offence, not a question of the driver being vicariously liable for somebody elses action, but it is a liability on the driver which he can-not get rid of, and if the result of his driving produced what the jury considered to be a dangerous situation, a dangerous manoeuvre, then even though he had been completely blameless, he can be held liable.” LEWIS, JSC. PER Parker, L.C.J
CASES CITED
Crown v. Majekodunmi
R. v. Shofoluwe
R. v.Isinguzoh
R. v. Thomas
R. v. Ikpe
Mozie v. Mbebie and anor.,
Hearts of Oak Assurance Co. v. James Flower
Burnell v. British Transport Commission
Penn-Texas Corporation v. Murat Anstalt
STATUTES REFERRED TO
SECTION 18(1) OF THE ROAD TRAFFIC ACT
