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BAMIDELE AND ANOR
V.
ADEYEMI AND ORS

(1963) JELR 40148 (SC)

Supreme Court 15 Mar 1963 Nigeria
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Case Details

Suit Number:F.S.C.315/1962
Judges:LIONEL BRETT Justice of The Supreme Court of Nigeria JOHN IDOWU CONRAD TAYLOR Justice of The Supreme Court of Nigeria BAIRAMIAN Justice of The Supreme Court of Nigeria
Counsel:O. kolawole For Appellant Akinrele For Respondent
Other Citations:(1963) 1 All N.L.R 146

BAIRAMIAN. EJ.:-In this appeal the defendants in the Ibadan Suit No. 1/288/61 complain of the judgment given on the 30th March, 1962, awarding damages to the plaintiffs, of whom two are described as wives and the others as children of Isiaka Adeyemi, on the ground that through the negligent driving of the 2nd defendant, the driver in the service of the 1st defendant, the owner, the lorry swerved from the road and collided with a tree, whereby Adeyemi was killed.

The plaintiffs' allegations in their Statement of Claim were denied, save that the driver admitted that Adeyemi was a passenger in the lorry.

There were various objections to the judgment on appeal; that the first two plaintiffs who claimed to be wives did not prove they were -with that degree of proof which is laid down in Lawal and ors. v. Youman and ors.[1961] All N.R.,245, at 251, in the judgment of the Federal Supreme Court; see also the report of the judgment at first instance, in (1959) W.N.T,.R., 155; that a sketch of …

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