(1998) JELR 45601 (CA)    

Court of Appeal  ·  CA/A/223/91 ·  19 Jan 1998 ·  Nigeria
Other Citations
Gata v. Paulosa (Nig.) Ltd. (1998) 3 NWLR (Pt.543)
Gata v. Paulosa (Nig.) Ltd. (1998) 3 NWLR (Pt. 543) 574
UMARU ATU KALGO Justice of The Court of Appeal of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
simeon adie
learned trial judge
evidence of p.w.5
learned counsel
said simeon adie
original statement of claim
record of appeal
1st day of july
altered registration number
amended statement of claim
appellant being
court proceedings
end of the trial
face of the documents
face of the unexplained alteration
general principle
iota of such evidence
leading judgment
learned trial judge ought
learned trial judge oyewo j.
light of the inconsistencies
magistrates court
opposite directions
pick-up van registration no. bd334
record of proceeding
record of the trial court
registration number
respect of criminal trial
servant of the respondent
totality of evidence
traffic police
trial judge
unexplained alterations
vehicle registration number of the respondent vehicle
vicarious liability
view of paragraph
view of the grounds of appeal
whole claim of the appellant

KALGO, J.C.A. (Delivering the Leading Judgment): The action giving rise to this appeal was based on negligence arising from the collision of two vehicles coming from opposite directions on a highway along Keffi-Suleja road. The accident took place on the 1st day of July 1983 at about 8. am and the vehicles involved were Toyota Panel Van registration number NC9942A driven by the appellant and a peugeot 504 pick-up van registration No. BD334BE belonging to the respondent.

The appellant who was the plaintiff at the trial, original sued the respondent and one Simeon Adie. Pleadings were then filed and exchanged. In his original Statement of Claim, the appellant pleaded that Simeon Adie, who drove the said respondent's pick-up van on the day of the accident and was negligent in so doing, was the employee and servant of the respondent. He then itemised the particulars of negligence against Simeon Adie in paragraph 4 of the original Statement of Claim.

On the 13th of June 1984 when the trial…

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