CORAM

E.O. OGWUEGBU

C.E.NWOSU-IHEME JCA

UDOMA

PARTIES

JOHN NWAFOR & ANOR APPELLANTS

NWAMUO NDUKA & ANOR 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

CASES CITED

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|

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