Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1998) JELR 45596 (SC)    

Supreme Court  ·  SC.83/1994 ·  25 Sep 1998 ·  Nigeria
Other Citations
Ibeanu v. Ogbeide (1998) 12 NWLR (Pt.576)1 (1998) 9-10 S.C 57
Ibeanu v. Ogbeide (1998) 12 NWLR (Pt. 576) 1
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
judgment of the court of appeal
learned trial judge
said vehicle
2nd appellant
servant of the 1st appellant
driver of a luxury bus
negligence of the 2nd defendant
trial court
1st respondent
diesel tanker
registration number bd 2426bf
agbor high court
learned counsel
door of my vehicle
general damages
statement of claim
1st appellant
second respondent
leading judgment
learned trial judge ought
following testimony
driver of the tanker
2nd respondent
peugeot car
tanker truck bd 2026bf
decision of the trial high court
arguments of the defendants
court of appeal
value of the tanker
registration no.
ownership of the vehicle
appeal fails
appellants' counsel
driver of the luxury bus
luxurious bus
following words
scene of accident
proved ownership of vehicle no. bd
public highway
2nd plaintiff
cause of the accident
time of the accident
vehicle licence exhibit

MOHAMMED, JSC (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal, Benin Division. The suit originated from Agbor High Court of the then Bendel State. Agbor is now in Delta State. The respondents filed the suit in Agbor High Court and claimed ₦700,000.00 being special and general damages against the appellants jointly and severally.

From the facts, both in pleadings and the evidence, the 2nd appellant who was the servant of the 1st appellant and driver of a luxury bus, with registration No. AN 7298G, owned by the 1st appellant, drove the said vehicle along a public highway negligently and collided with a diesel tanker, owned by the 1st respondent.

The tanker with registration number BD 2426BF was set ablaze and all the fuel in it destroyed. The driver of the tanker gave evidence as PW4 and narrated how the accident happened in the following testimony:

"I remember 4/1/88. I was loaded with petrol from Benin to Umunede with our tanker truck BD…

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