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AYINDE & ORS
V.
ADIGUN

(1993) JELR 43302 (SC)

Supreme Court 5 Nov 1993 Nigeria
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- The plaintiff, a Federal civil servant, sustained severe and permanent injury in a motor accident while on official duty, allegedly due to the negligence of the first defendant (also a public officer and driver of the government vehicle i

Case Details

Suit Number:SC.280/1988
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Counsel:J.O. Ijaodola For Appellant S.N.C Harris-Eze, Legal Adviser, Federal Ministry of Justice For Respondent
Other Citations:Ayinde v. Adigun (1993) NWLR (Pt. 313)516 (1993) 11 SCNJ 1

OLATAWURA, JSC, (Delivering the Leading Judgment): The nub of this appeal is whether the plaintiff's action is statute barred. The plaintiff was up till the time of his accident a civil servant in the Federal Civil Service of Nigeria and was on a official duty when the vehicle, a Range Rover, belonging to the Federal Government of Nigeria and registered as FGN.5020 was involved in an accident which resulted in severe injuries sustained by the plaintiff. At the time of the accident the 1st defendant who was also an employee of the Federal Government of Nigeria and employed by the 3rd defendant was the driver of the said vehicle. It was not denied that both the plaintiff and the 1st defendant were on official assignment to Monai near Bussa to commission the Monai Fishing Pond which belongs to the Federal Government when the accident occurred. The plaintiff attributed the cause of the accident to the negligence of the 1st defendant. The particulars of negligence pleaded are not necessary…

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