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MOMOH
V.
OKEWALE & ANOR.

(1977) JELR 46329 (SC)

Supreme Court 17 Jun 1977 Nigeria
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Case Details

Suit Number:SC.458/1975
Judges:SIR UDO UDOMA Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Counsel:Mr. E. A. Molajo For Appellant Mr. B. O. Benson For Respondent
Other Citations:MOMOH v. OKEWALE & ANOR. (1977) 6 S.C. (REPRINT) 49

SIR UDO UDOMA, J.S.C. (Delivering the Leading Judgment): This is an appeal by the plaintiff against the judgment of the High Court of Lagos State dated 12th July, 1972, in which the plaintiff's claim for damages for negligence was dismissed.

In Suit No. LD/487/69 instituted on 18th September, 1969, the claim by the plaintiff, herein appellant, against the defendants, herein respondents, was for the sum of 4,111.1s. 6d as general and special damages for the negligence of the first defendant as servant/driver of the second defendant in driving second defendants bus No. LJ. 8146 on 10th June, 1969, whereby it collided with and knocked down the plaintiff on Carter Bridge, Lagos, in consequence whereof the plaintiff suffered injuries, pain and loss and damage.

Pleadings having been filed and delivered, the suit was heard by Adefarasin, J., as he then was.

The case of the plaintiff, which was accepted by the learned trial Judge briefly put, was that the plaintiff, Rufus Alli Momoh a securit…

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