EKPE
V.
FAGBEMI

(1978) JELR 46342 (SC)

Supreme Court · SC.342/1976 · 31 Mar 1978 · Nigeria
·

Other Citations

(1978) All N.L.R 107 (1978) 3 S.C. 143

CORAM

GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms ^Beta

plaintiff

respondent

cost of repairs

general damages

months

loss of use

award

appeal

car

learned trial judge

repairs

special damages

trial judge

assessment of damages

exhibit a

grounds of appeal

major road

minor road

part of the general damages

question

aforementioned holding

asquith l j

car of the respondent

contributory negligence

driver of the respondent

elderly woman

estimated costs of repairs

evidence shows

fifths of that sum

financial losses

first ground of appeal

following grounds

high court

item of the claim

justice of his case

ladoke akintola road

leading judgment

m. bello

necessary repairs

owner of a car no. ln

plaintiffs case

portion of the judgement of the trial judge

pounds damages

real questions

repair cost

review of the evidence

second point

spare parts

statement of the learned judge

M. BELLO, JSC (Delivering the Leading Judgment): The Plaintiff who is the Respondent in this appeal was the owner of a car No. LN 3542. On February 9, 1969, that car was being driven along Ladoke Akintola Road, which is a major road, when, at the junction of that road with Oba Docemo Road-which is a minor road-it was in collision with a car driven by the Appellant. The car of the Respondent was badly damaged as a result of the accident.

On the 20th October 1969, the Respondent commenced an action against the Appellant in the High Court, Ikeja, claiming 2,280 pounds damages for negligence made up of 602:14s:3d (pounds) being the estimated costs of repairs, 1,200 pounds for loss of use for 12 months and 577:5s:9d (pounds) as general damages.

After a review of the evidence adduced by the parties, the learned trial judge found the Appellant liable for negligence in driving his car from the minor road into the major road without having taken a proper lookout. He also found the driver of t…

EKPE V. FAGBEMI

EKPE
V.
FAGBEMI