ADETOUN
V.
LAFARGE AFRICA PLC & ANOR

(2018) JELR 38903 (CA)    

Court of Appeal  ·  CA/I/225/2011 ·  13 Jun 2018 ·  Nigeria
CORAM
CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
accident
evidence
respondents
exhibit k
commercial bus
2nd respondent
learned trial judge
doctrine of res ipsa loquitor
case of negligence
dangerous driving
exhibits
evidence of negligence
exhibits k
forklift caterpillar
notice of appeal
abeokuta-ifo-lagos road
appellants case
best evidence
cross-examination
direct evidence
dr. olayemi olowolafe
legal advice
res ipsa loquitor
respondents brief of argument
allegation of negligence
cause of death exhibits a
cause of the occurred accident
circumstances fail
claims of the appellant
claims of the plaintiff
concise statement of facts
custody of the police
end of the trial
evidence of the defence
fatal accident
ground of failure
judgment of the high court of ogun state
leading judgment
magistrate court ota
names of counsel
negligence of the driver of the commercial bus
proof of their case
proof of the pleaded facts
public documents
reply brief
said abeokuta-ifo-lagos road
testimony of pw1
view of the learned trial judge

CHINWE EUGENIA IYIZOBA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ogun State, Ilaro Judicial Division in Suit No. HCT/332/2001 delivered on 21/04/11, Coram Onafowokan J. dismissing the claims of the Plaintiff/Appellant.

The Appellant as Plaintiff commenced an action by writ of summons dated and filed on 30/10/01 but sealed on 28/01/02. By paragraph 12 of her amended Statement of Claim she claimed against the Respondents as Defendants jointly and severally as follows:

a. N25, 750,000.00 only as special and general damages under the Torts Law Cap. 126 Laws of Ogun State 1978.

b. 10% interest per annum on sum assessed by the Court from the date of judgment until payment is made; and

c. N50, 000.00 as cost of this suit.

FACTS:

The Appellants case as pleaded is that on 31/10/98, her husband, the deceased was a passenger in a commercial bus travelling from Abeokuta to Lagos along Abeokuta-Ifo-Lagos Road in the direction of Ifo Town when a…

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