NEW INDIA ASSURANCE CO. LTD.
V.
ODUBANJO & ORS.

(1971) JELR 46212 (SC)    

Supreme Court  ·  SC.8/1971 ·  8 Oct 1971 ·  Nigeria
CORAM
IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria
Core Terms Beta
third defendants
insurance company
first defendant
third party
second defendant
mr. sofola
third party insurance
bodily injury
motor vehicles
general damages
insurers of the first defendant
privity of contract
learned trial judge
following terms
insurer of the first defendant
judgment of the court
lord wright
reasonable cause of action
benefit of such judgment
case of a passenger
circumstances of this case
civil cases
driver of the said car
first defendant company
grounds of appeal
lagos high court
limited liability insurance company
material times owner of car lk
motor driver
mr. b.a agusto
policy number
questions of direct contractual rights
respect of any such liability
result of damage
said car lk9988
statutory provision
suit no ld
take notice
tortious act of the person
true copy of the court proceedings
unused insurance period
western state
world of make

LEWIS, J.S.C. (Delivering the Judgment of the Court): In Suit No LD/541/67 in the Lagos High Court the Plaintiff's writ read:

"The first defendant is at all material times owner of car LK 9988, and the second defendant during the course of his employment with the first defendant is at all material times the driver of the said car.

The first defendant company is at all material times the insurer of the first defendant.

On October 1st, 1967 the second defendant negligently drove the said car LK9988 and collided with the plaintiff's private car LK7733, whereby the plaintiff suffered damage.

The plaintiff therefore claims against the defendants jointly and severally the sum of two thousand and eleven pounds, eighteen shillings and six pence, 2,011.18s.6d) representing special and general damages suffered by the plaintiff as a result of damage done to the plaintiff's private car LK 7733 by the collision caused on October 1st, 1967 by the first defendant's car LK 9988 negligently driven by …

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