IWENJIWE
V.
NWABUOKEI

(1978) JELR 49368 (SC)    

Supreme Court  ·  SC.281/1975 ·  9 Feb 1978 ·  Nigeria
 · 
Other Citations
IWENJIWE & ORS. v. NWABUOKEI (1978) 2 S.C. (REPRINT) 42
CORAM
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria
Core Terms Beta
plaintiff
1st defendant
4th defendant
collision
learned trial judge
3rd defendant
4th defendants
appeal
centre of the road
defendants
23rd january
2nd defendants
proper side of the road
trial judge
evidence of the plaintiff
high speed
left side
negligence of the 1st defendant
opposite direction
own negligence
per cent
western state of nigeria
abraka road
a. n. aniagolu
appellate court
application of the 3rd defendant
approach of the 1st defendant
austin motor co. ltd.
contributory negligence
course of the hearing of this appeal
decision of the case
decision of the learned trial judge
driver of the vehicle
general damages
high court of sapele judicial division
high velocity
judgment of r.a.
judgment of the court
leading judgment
plaintiff claims
principle of vicarious responsibility
question of fact
record shows
result of express
resume of the facts of the case
s. a. bakare
suggestion of plaintiff
trial court
weight of evidence

A. N. ANIAGOLU, J.S.C. (Delivering the Leading Judgment): This is an appeal from the High Court of Sapele Judicial Division of the then Mid-Western State of Nigeria against the Judgment of R.A.I Ogbobine, J., in a suit in which the plaintiff, who was a legal practitioner, claimed against the defendants, jointly and severally, a sum of N100,000

"for injuries, pain severe loss of earnings caused the plaintiff on 23rd January, 1974 due to the fault and/or negligence of the 1st defendant and/or 3rd defendant".

The 4th defendant (Nicholas Ugono) was not originally a party in the suit but was brought in by application of the 3rd defendant who claimed that the 4th defendant, and not himself, was the driver of the vehicle with which the vehicle driven by the 1st defendant came into collision the subject matter of these proceedings.

The claim as endorsed on the Writ of Summons stated that-

"1. The plaintiff claims for himself in virtue of the Western State of Nigeria Torts Law (Cap 122) in fo…

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