MRS BEATRICE ANTHONY V. OBI ONYEBASHI & ORS
August 11, 2025JACKSON I SANYA V. M. A. O. JOHNSON
August 11, 2025Legalpedia Citation: (1974) Legalpedia (SC) 91215
In the Supreme Court of Nigeria
Sun Nov 3, 1974
Suit Number: SC. 363/1973
CORAM
TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
MUNGO APPAH & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This appeal was filed from the judgment of the High Court against the plaintiffs, the plaintiffs as passengers on Peugeot 403 Car sued the defendants as owner and driver respectively of tipper lorry for the personal injuries they suffered as a result of the collision between their two vehicles on the Lagos-Ibadan Road. The plaintiffs claims were dismissed. Not satisfied, the plaintiffs appealed to the court of appeal and further to the Supreme Court.
HELD
The appeal succeeded and was allowed.
ISSUES
That the evidence led before the trial Judge established that it was the 2nd defendant, the driver of the tipper lorry, that was negligent, not the plaintiffs driver.
That the learned trial Judge misdirected himself both in law and on the facts in coming to the conclusion that the plaintiffs/appellants driver was negligent in that he had failed to stop and observe the road in crossing the main road in front of a feeder road.
RATIONES DECIDENDI
SPECIAL AND GENERAL DAMAGES FOR NEGLIGENCE
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CASES CITED
Swaddling v. Cooper (1931) A.C.
STATUTES REFERRED TO
