CHIEF E. A. OSHESAN V OKIN BISCUITS LIMITED

CORAM

PARTIES

CHIEF E. A. OSHE S.A.N APPELLANTS

 OKIN BISCUITS LIMITED

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant sued the defendant for the accident occasioned by the defandant’s driver whose negligence caused damage to the appellant’s car. The trial court granted the appellant’s prayer but the damage awarded was reduced at the court of appeal. The appellant appealed.

HELD

The appeal was allowed and the judgment of the lower court was set aside.

ISSUES

NONE

RATIONES DECIDENDI

EVALUATION OF EVIDENCE.

“Evaluation of evidence and ascription of probative value thereto is pre-eminently that of the trial court which alone has the advantage of seeing and hearing witnesses as they testify”. Per Tabai, JSC

FINDING OF FACTS BY AN APPELLATE COURT

“An appellate Court would only interfere with the finding of fact by the trial Court when it becomes very clear that the finding is perverse or it is not supported by evidence or is not the result of a proper exercise of judicial discretion”. Per Mohammed JSC

FACTOR CONSIDERED IN MEASURING THE SPEED OF A VEHICLE.

“The most important factor in measuring the speed of any vehicle from the skid marks left behind on the road before finally stopping after the application of brakes, is the condition of the road”. Per Mohammed JSC

CASES CITED

1. Okoye v. Ejiofo (1934) 3 W.A.C.A. 130;

2. Kuma v. Kuma (1936) 5 W.A.C.A. 4;

3. Akinloye v. Eyiyola (1968) N.M.L.R. 92;

4. Onowan & Anor. v. Iserhien (1976) 1 N.M.L.R. 263;5. Odofin v. Ayoola (1984) 11 S.C. 726. Amusa v. Kossai (1986) 4 N.W.L.R. (Pt. 35) 57.

STATUTES REFERRED TO

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