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|