(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
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
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
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
exhibit e.
exhibit f.
favour of the plaintiff
first document exhibit
following orders
leading judgment
learned chief magistrates
matter of fact
mr. gbadegesin
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…

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