Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1961) JELR 60237 (SC)    
Supreme Court  ·  FSC 223/1960 ·  1 Jun 1961 ·  Nigeria
Other Citations
(1961) 1 All NLR 245

Ratio Decidendi

Editorial Summary
This appeal arose out of consolidated suits where the appellant and one other were sued for negligence. The trial court granted the claims of the plaintiffs/respondents, whereupon the appellant appealed to the Federal Supreme Court. The issues raised at the Federal Supreme Court bordered on the legitimacy of children, the validity of the marriage of the wives of the deceased and whether the administrators of an estate under Customary Law could sue under the Fatal Accidents Act. The Federal Supreme Court, in the course of allowing the appeal, made notable pronouncements on the issues raised by the appellant.
Core Terms Beta
native law
fatal accidents act
learned judge
mr. o’connor
customary courts
illegitimate children
1st defendant
2nd defendant
guineas costs
legitimate children
statutes of general application
suit no.
torts law
deceased persons
general application
john holt ltd.
judgment of the court
western region of nigeria
administration of intestate estates
administrators of the estate of the deceased persons
application of a law
behalf of the children of the deceased
behalf of the wives
cause of action
children of the deceased persons
claim of the wives of the deceased men
claims of the wives
common law of england
death of the said adeleke aremu
first case
high court law western region
important group of statutes
judgment of the high court of the western region
judgment of the learned trial judge
jurisdiction of grade
learned judge of the high court
mr. jukes
native customary mar
polygamous marriage
protracted hearing
purposes of this appeal
subjects of certain statutes
such funds
various grounds of appeal
wife of a deceased person

ADEMOLA, C.J.F. (Delivering the Judgment of the Court): This is an appeal from a judgment of the High Court of the Western Region given in two consolidated actions in which the plaintiffs in Suit No. 1/324/58 sued as Administrators of Adeleke Aremu (deceased) and claimed from the defendants the sum of £10,000 damages under the Fatal Accidents Act 1846 and under the Torts Law 1958 of the Western Region of Nigeria for the death of the said Adeleke Aremu (deceased); and the plaintiffs in Suit No. 1/326/58 sued as Administrators of Alhaji Adegoke Adelabu (deceased) and claimed from the same defendants the sum of £100,000 damages under the Fatal Accidents Act 1846 and under the Torts Law 1958 of the Western Region of Nigeria for the death of the said Alhaji Adegoke Adelabu (deceased).

The defendants in the two suits were alleged to be driving their cars negligent­ly thereby colliding with each other which resulted in the death of the two deceased persons who were traveling in one of the car…

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