BAMIDELE AND ANOR
V.
ADEYEMI AND ORS

(1963) JELR 40148 (SC)    

Supreme Court  ·  F.S.C.315/1962 ·  15 Mar 1963 ·  Nigeria
 · 
Other Citations
(1963) 1 All N.L.R 146
CORAM
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
Core Terms Beta
appeal
statement
evidence
judgment
explanation
plaintiffs
defence
driver
2nd defendant
30th march
damages
defendants
fresh pleadings
guineas
liberty
police
trial judge
wives
brett
children of isiaka adeyemi
closing speech
complain of the judgment
consideration of the vital issue of negligence
costs of appeal
course of counsel
first instance
first thing
flaw
fresh trial
high court of the western region
ibadan suit no.
judgment of the federal supreme court
light
method
mortem report
negligent driving of the 2nd defendant
new judgement
only proper course
others
passage
police constable
report of the judgment
service of the 1st defendant
sketch of the sense of the accident
statement of claim
story of the 2nd defendant
suit
various objections
w.n.t

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 …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login