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ARMEL'S TRANSPORT LTD.
V.
MARTINS

(1970) JELR 40037 (SC)

Supreme Court 20 Feb 1970 Nigeria
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- The plaintiff claimed damages for a car accident caused by the defendant's negligent driving. - The trial judge ruled in favor of the plaintiff and awarded damages. - The defendants appealed the decision. - The plaintiff alleged several a

Case Details

Suit Number:SC.10/1968
Judges:GEORGE BAPTIST AYODOLA COKER JSC IAN LEWIS JSC ATANDA FATAYI-WILLIAMS JSC
Counsel:Sofola For the Appellant. Lambo For the Respondent.
Other Citations:(1970) All N.L.R 27

LEWIS, J.S.C. (Delivering the Leading Judgment): In suit LD/33/66 the plaintiff claimed (pound)3,22 damages for the negligent driving by the defendants driver of an omnibus which collided with the plaintiff's tipper on the Lagos/lkorodu Road on the 10th of November, 1965. On the 12th of September, 1966, Omololu, J. gave judgement for the plaintiff on her claim for (pound)1 ,218 as damages together with 20 guineas costs and against that decision the defendants have appealed to this Court.

The plaintiff in her statement of claim set out the particulars of negligence as follows-

Particulars of Negligence

(a) Driving too fast and/or at a speed that was excessive in the circumstances.

(b) Failing to keep any or any proper lookout or to have any or any sufficient regard for traffic emerging from the said bridge.

(c) Emerging onto the bridge without first ascertaining or ensuring whether it was safe so to do and when it was unsafe and dangerous so to do.

(d) Driving onto the wrong side of th…

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