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JARMAKANI TRANSPORT LTD
V.
MADAM WULEM OTU ABEKE

(1963) JELR 40806 (SC)

Supreme Court 5 Apr 1963 Nigeria
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- The respondent, injured in a motor accident while riding as a fare-paying passenger on an open lorry owned by the appellants and driven by their employee, sued for damages, claiming the driver's negligence was the cause of her injuries. -

Case Details

Suit Number:AB/37/59
Judges:LIONEL BRETT Justice of The Supreme Court of Nigeria JOHN IDOWU CONRAD TAYLOR Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria
Counsel:A.A. Ogunsanya (with him, A.A. Adeniran) For Appellant R.A.O. Ahnjide (with him T.O.O. Adeniran) For Respondent
Other Citations:(1963) All N.L.R 180

COKER, Ag. F.J.:'97 This is an appeal from the judgement of the High Court, Abeokuta, whereby the appellants were adjudged jointly and severally with the second defendant in the action (who has not appealed) to pay to the respondent damages in the amount of #1,750 with costs assessed at 100 guineas. The respondent had claimed against the appellants and one Ladipo Akanmu, a total of #5,020 being special and general damages for the negligence of the defendants resulting in injuries to her as follows:

Hospital and Medical Examination Fees 20d

General damages 5,000

TOTAL #5, 020

The claim of the plaintiff respondent was founded on injuries received by her when a lorry owned by the appellants and driven by the second defendant and on which she was riding was involved in an accident along the Abeokuta Lagos Road on the 30th September, 1958. On the day of the accident the appellants' driver who was driving an open lorry designed only to carry goods went to the Abeokuta (Lafenwa) lorry park…

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