Ratio DecidendiRatio DecidendiRatio Decidendi



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…

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