(1997) JELR 45485 (SC)    

Supreme Court  ·  SC.242/1991 ·  14 Feb 1997 ·  Nigeria
Other Citations
Odebunmi v Abdullahi (1997) 2 NWLR (Pt.489)
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
trial court
court of appeal
mohammed ibrahim albasa
alhaji isa abdullahi
leading judgment
statement of defence
alhaji abdullahi ibrahim isa
ibrahim albasa
amended statement of claim
driver of the said vehicle
name of mohammed ibrahim albasa
such evidence
alhaji ibrahim isa
authority of the defendant
fatal accident
fatal accidents law
high court
high court of kwara state
lead judgment
learned trial judge
clear circumstances of this case
clear evidence of p.w.1
clear findings of facts
employer of the deceased driver
employment of the defendant
final amended statement of claim
findings of facts
first plaintiff
immediate family
jurisdiction of kwara state high court
leave of the court
long time
main plank of his evidence
meagre evidence of d.w.1
mother of the deceased
ownership of the tanker-trailer
result of this crash
s. m. a. belgore
support of the findings
tanker-trailer driver
trial judge
vehicle no. kn
vehicle of volkswagen
well known kano

S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): The first plaintiff, now appellant, is the widow of the late Augustine Oyewole Odebunmi who died in an accident whereby he got burnt. She brought this action, in the High Court of Kwara State (former Kwara State) under the Fatal Accidents Law 1963. She therefore represented herself and her children to wit, Folashade, Femi, Wunmi and Bukola. Joining her as co-plaintiff is the mother of the deceased, Madam Adebusu Odebunmi. According to the final amended statement of claim, the defendant, Alhaji Isa Abdullahi, also known as Alhaji Abdullahi Ibrahim Isa, was the registered owner of a tanker-trailer vehicle registration number KN 5645 K and registered at Motor Registry, Kano. The plaintiffs' case is that on the 5th day of November, 1980 Augustine Oyewole Odebunmi (hereinafter called and referred to as "the deceased") was in his vehicle of Volkswagen make, being driven by one Raymond Orifunmise along the highway between Okene and …

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