Just Decided Cases

ANGLO-CANADIAN CEMENT LTD VS O. ALOKOLARO & CO

Legalpedia 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



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