AJIBADE
V.
MAYOWA & ANOR

(1978) JELR 39883 (SC)    

Supreme Court  ·  SC.183/1976 ·  15 Sep 1978 ·  Nigeria
 · 
Other Citations
AJIBADE v. MAYOWA & ANOR. (1978) 9-10 S.C
CORAM
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria
Core Terms Beta
2nd defendant
plaintiff
1st defendant
court
driver
evidence
pleadings
statement of defence
vehicle
circumstances of the case
learned judge
defendants
eastern nigeria
learned trial judge
learned trial judge ought
motor vehicle
narrow bridge
statement of claim
care of the vehicle no. wf
cursory review of the evidence
dependant relatives of fatimo alake
excessive speed
fatal accident act
fatal accident law northern nigeria
final result
following provisions
former supreme court rules
general damages
high court
high court of the former eastern nigeria
interlocutory order
leading judgment
m. bello
order xxxii rule
particulars of damages
police officer p.w.
result of the crash of the vehicle no. wf
right-hand side of the road
servant of the 1st defendant
services of the 2nd defendant
specific provisions
such default
such defendant
such material allegations
trial of the action
vehicle no. wf
weight of the said motor vehicle

M. BELLO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of Mu'azu Mohammed, J., as he then was, sitting in the High Court, Minna, wherein the appellant as plaintiff commenced proceedings in which he claimed against the respondents as defendants as follows:-

CLAIM

The plaintiff's claim against the defendants jointly and severally is for the sum of 10,000 Pounds being special and general damages representing the pecuniary loss sustained by the plaintiff and all other dependant relatives of Fatimo Alake killed in the vehicle owned by the 1st defendant and negligently driven by the 2nd defendant on keffi/Abuja Road North Western State of Nigeria on or about the 18th day of September, 1967.

PARTICULARS OF DAMAGES

SPECIAL DAMAGES

Funeral Expenses 100 Pounds =: =

General 9,900 Pounds:=:=

10,000 Pounds: =:=

Pleadings were ordered and were duly filed and delivered by the plaintiff and the 1st defendant but the 2nd defendant did not file any Statement of Defen…

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