AFOLABI VS POLYMERA INDUSTRIES NIG LTD
August 29, 2025KEHINDE SANNI (MOGAJI AGUNBIADE) VS AMOLE OGUNBUNMI AND ORS
August 29, 2025Legalpedia Citation: (1967-05) Legalpedia 69443 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri May 12, 1967
Suit Number: SC 375/1965
CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
APPELLANTS
O. ALOKOLARO & CO
RESPONDENTS
AREA(S) OF LAW
TORTS-NEGLIGENCE, EVIDENCE-BURDEN OF PROOF-PARTNERSHIP
SUMMARY OF FACTS
The appellant sued the respondent for negligence on the grounds that their vehicle collided with it’s vehicle. The only evidence adduced against the respondent was that one of the partners is registered as the owner of the vehicle and that the partnership name was written on it.
HELD
The court held that there was no sufficient evidence to prove that the vehicle belongs to the respondent.
ISSUES
Whether the appellant proved that the vehicle which allegedly collided with it’s lorry belongs to the respondent, a firm of partnership.
RATIONES DECIDENDI
PARTNERSHIP NAME EFFECT ON A VEHICLE
‘Even if it were shown that the name of a partnership appeared on a vehicle, it must be shown by evidence that it was they who caused the name to be placed there.’ Per Brett, Ag. C.J.N
CASES CITED
Green v. Berliner [1936]2 K.B. 477, 494
STATUTES REFERRED TO
