KUTI
V.
BALOGUN

(1978) JELR 45742 (SC)

Supreme Court · SC.127/1976 · 26 Jan 1978 · Nigeria
·

Other Citations

(1978) All N.L.R 6 Kuti v. Balogun (1978) 1 S.C. 37

CORAM

GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria

Core Terms ^Beta

learned judge

appeal

case

solomon gbadegesin

taxi cab

trial court

hire purchase agreement

learned trial chief magistrate

defence of the appellant

learned trial judge

1st defendant

firm of solicitors

oludademu jibowu

trial

grounds of appeal

high court

inter alia

main road

own name

registered owner of the vehicle

suit no.

2nd defendants

3rd party process

attention of the learned trial judge

case of laisi ogunmuyiwa v

contention of mr. kehinde sofola

cross examination

decision of the federal supreme court

decision of the lagos state high court

document exhibit f

documents

exhibit e.

exhibit f.

favour of the plaintiff

first document exhibit

following orders

leading judgment

learned chief magistrates

matter of fact

mr. gbadegesin

next-door

owner of the vehicle

plaintiffs evidence

real issue

record of appeal lives

said shop

K. ESO, J.S.C.(Delivering the Leading Judgment): This is an appeal from the decision of the Lagos State High Court (Odesanya, J.) which gave judgment in favour of the plaintiff (now respondent) in a claim for damages. The claim originated in the Lagos Chief Magistrate's Court in Suit No. 2498/1967, where the plaintiff claimed against the 1st and 2nd defendants, jointly and severally, the sum of 500 Pounds (N1,000) as special and general damages for the damage done to the plaintiff's shop and articles therein at No. 35 Karimu Street, Surulere, when the 2nd defendant's taxi cab, negligently driven by the 1st defendant, hit the said shop.

At the trial, the learned trial Chief Magistrate accepted the plaintiffs evidence which was that she was in her shop sleeping when at about 11 p.m., she was woken up by a heavy bang caused by the taxi cab crashing against the walls of her shop. The taxi cab had left the main road, crossed a two feet drain, to hit the plaintiffs shop which was three feet…

KUTI V. BALOGUN

KUTI
V.
BALOGUN