GRACE AMANAMBU V ALEXANDER OKAFOR

ONYEAMA, J.S.C. (Delivering the judgement of the Court)

The plaintiff claimed to be the widow of one Stephen Olisadebe Amanambu who died as a result of injuries he received in a motor accident which occurred on the 6th of March, 1960, between Lokoja and Okene in Northern Nigeria, and brought an action to recover damages for herself and other persons said to be dependants of the deceased.

The action was commenced in the High Court at Onitsha in Eastern Nigeria and was for ‘damages under the Fatal Accidents Law, Northern Region, 1956.’ The particulars of the persons for whose benefit the action was brought and of the nature of the claim in respect of which damages were sought were ‘pursuant to the Fatal Accident Law, N.R., 1956:’ (meaning Northern Region.)

The defendants were the driver and the owner of the offending vehicle, the drivers address was given as Cable Point, Asaba, in Mid-Western Nigeria and the owners as 64 Iweka Road, Onitsha, in Eastern Nigeria.

None of the parties resides i…