J. O OJOSIPE VS JOHN DADA IKABALA & ORS
August 22, 2025UNITED NIGERIA INSURANCE COMPANY VS MUSLIM BANK (WEST AFRICA) LTD
August 22, 2025Legalpedia Citation: (1972) Legalpedia (SC) 50116
In the Supreme Court of Nigeria
Wed Apr 19, 1972
Suit Number: SC.704/1965
CORAM
ELIAS JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
UDOMA JUSTICE, SUPREME COURT
PARTIES
JOHN NWAFOR & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The fact of the case was that, The deceased, Victor Nduka, was in the early hours of April 5,1962, a passenger on a lorry driven by the second defendant (who had been sued jointly and severally as the servant or agent of John Nwafor, the first defendant, being the owner of the lorry No.EO 2441). It was established that the lorry was at the material time on its way from Onitsha to Kumba in the Cameroons; that it was travelling at an excessive speed when it ran off the road for a distance of 146 feet before it fell into a ditch.
HELD
APPEAL DISMISSED.
ISSUES
None
RATIONES DECIDENDI
FATAL ACCIDENT
.
CASES CITED
1960 FSC 207/1959 [1960] NSCC 41
Davies v. Powell Duffrym Associated Collieries Ltd. (1942) AC 601
Kassam v. Kampala Aerated Water Co. (1965) 1 WLR 668
STATUTES REFERRED TO
Section 7 of Fatal Accidents Law, 1956
Section 2 of the English Fatal Accidents Acts 1846-1908
Section 8(1) of the 1956 Law
