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POPOOLA
V.
PAN AFRICAN GAS DISTRIBUTORS & ORS.

(1972) JELR 41594 (SC)

Supreme Court 24 Nov 1972 Nigeria
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- The plaintiff claimed damages for destruction of his house and contents resulting from an explosion of gas cylinders, alleging negligence by the 2nd and 3rd defendants (employees of the 1st defendant) while acting in the course of their e

Case Details

Suit Number:SC.255/1972
Judges:TASLIM OLAWALE ELIAS CJN ATANDA FATAYI-WILLIAMS JSC GEORGE SODEINDE SOWEMIMO JSC
Counsel:J. A. Akintoba (with him P. O. Aderemi) for the appellant; Y. Ola Akande (with him A. Urie) for the respondent.
Other Citations:(1972) All N.L.R 831 (1972) 11 S.C. 32

T. O. ELIAS, C.J.N. (Delivering the Judgment of the Court): This is an appeal from the judgment of the Western State Court of Appeal delivered on 3rd June, 1971, reversing the decision of Somolu C.J. in the High Court at Ibadan delivered on 8th June, 1970, in which damages in the sum of 31,83 80(pounds) and 3105(pounds) costs were awarded in favour of the plaintiff against the defendants jointly and severally. The plaintiff's writ of summons in the High Court was endorsed as follows:_

"1. The plaintiff's claim against the defendants jointly and severally is for the Sum of 2,000 (Two thousand pounds) being special and general damages suffered by the plaintiff when on 24th April, 1968 the 2nd defendant who was the driver of vehicle No. LK 5808 carrying filled gas cylinders both properies of the 1st defendants, parked same in front of the plaintiff's house situate and being at ado-ana, Ibadan, without the plaintiff's knowledge and consent and both the 2nd and 3rd defendants negligently …

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