T.A.A. AWOSANYA VS BOARD OF CUSTOMS & EXCISE
August 9, 2025C.A. BANJO & ORS VS ETERNAL SACRED ORDER OF CHERUBIM AND SERAPHIM
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 64161
In the Supreme Court of Nigeria
Thu Mar 13, 1975
Suit Number: SC. 28/1974
CORAM
TASLIM O. ELIAS, JUSTICE, SUPREME COURT
ATANDA FATAI-WILLIAMS, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
B.O. BENSON APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal against the judgment of the High Court in which the plaintiff was awarded the sum of £750 as general and special damages suffered by the plaintiff in a motor accident resulting in damage to his car as a result of the negligent driving of Francis Anizor the defendants driver in the course of his employment and in the management of the defendants vehicle in which the plaintiffs vehicle was badly damaged and the plaintiff suffered loss thereby.
HELD
The appeal was dismissed. The judgment of the trial court was affirmed.
ISSUES
The trial court erred in law in giving judgment against the defendant when the plaintiff did not prove that the driver of the vehicle at the material time was a servant of the defendant.
The damages awarded were excessive.
The learned trial Judge erred in law in holding an award for both Special and General Damages contrary to the claim before the court.
The learned trial Judge erred in law in holding that negligence was proved when there was no evidence on record to prove the particulars of negligence averred in the Statement of Claim.
RATIONES DECIDENDI
PROOF OF NEGLIGENCE ON VICARIOUS LIABILITY
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CASES CITED
STATUTES REFERRED TO
