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BENSON
V.
OTUBOR

(1975) JELR 46196 (SC)

Supreme Court 13 Mar 1975 Nigeria
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Case Details

Suit Number:SC.28/74
Judges:TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Counsel:Mr. F.O. Sadoh For Appellant Mr. B.O. Benson For Respondent
Other Citations:(1975) 1 All N.L.R 43 (1975) 3 S.C. 6

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal against the judgment of George, J., in Suit No. LD/232/71 delivered in the Lagos High Court on November 24, 1972 in which the plaintiff was awarded the sum of 750 as general and special damages suffered by the plaintiff in a motor accident resulting in damage to his Mercedes Benz Saloon car on July 15, 1970. The plaintiffs claim against the defendant is for the sum of 750 (Seven Hundred and Fifty Pounds) being special and general damages suffered by the plaintiff in a motor accident on the 15th of July, 1970 along the Carter Bridge, Lagos, as a result of the negligent driving of Francis Anizor the defendant's driver in the course of his employment and in the management of the defendant's vehicle No. MB 8132 whereby the plaintiff's vehicle Mercedes Benz No. LN 594 was badly damaged and the plaintiff suffered loss thereby.

Particulars of Negligence:

The defendant's driver was negligent in that

1. He failed to keep …

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