(1978) JELR 44464 (SC)    

Supreme Court  ·  SC.303/1976 ·  17 Nov 1978 ·  Nigeria
Other Citations
JAMES v. MID-MOTORS NIG. CO. LTD. (1978) 11-12 S.C. (REPRINT) 25
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria
Core Terms Beta
mr. okoro
learned trial judge
exhibit d
cover note
continental insurance company limited
vicarious liability
continental insurance co. ltd.
managing director
fraudulent misrepresentation
said vehicle
course of his employment
grounds of appeal
hire-purchase agreement
insurance company
material times
continental insurance company
defendant company
insurance agent
laws of nigeria
ibadan branch
limited liability company
said continental insurance company limited
sale of a new commercial vehicle
acts of mr. okoro
allegation of fact
authorized agents of an insurance company
benin high court
civil action
corporation aggregate
determination of the evidence
general damages
general manager of the defendant company
hino ka300
leading judgment
material date of the transaction
oil tanker
respect of continental insurance company limited
said representation
second place
statements of claim
such non-existence
torts arts
trial court
various types of vehicles
western state of nigeria

A. N. ANIAGOLU, J.S.C. (Delivering the Leading Judgment): The plaintiff (hereinafter called "the appellant") has appealed from the judgment of the High Court of the Benin Judicial Division holden at Benin dismissing his claim for 15,000 pounds for fraudulent misrepresentation, against the defendants (hereinafter referred to as "the respondents"), a claim instituted by him in 1971 in the Benin High Court of the then Mid-Western State of Nigeria. While the appellant has contended, upon the grounds of appeal filed, that having regard to the evidence adduced on either side before the trial court the learned trial Judge was wrong in dismissing his case, the respondents have urged on us to affirm the judgment and dismiss the appellant's case but upon grounds other than those relied on by the court, their contention being that the appellant had failed to prove his case in accordance with his pleadings and deserved to have his case dismissed at the close of his case; that the learned trial Ju…

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