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SEVEN UP BOTTLING COMPANY LIMITED & ORS v. MRS S. A. OLOYEDE & ORS

(2013) JELR 35353 (CA)

Court of Appeal  •  CA/I/88/2010  •  29 Nov 2013  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HARUNA SIMON TSAMMANI JCA; OBIETONBARA DANIEL-KALIO JCA;

Judgement

OBIETONBARA DANIEL-KALIO, J.C.A.(Delivering the Leading Judgment): A case of negligence is the subject matter of this appeal. Chief Timothy Oyejide Oloyede, a legal practitioner and businessman was heading towards Ile-Ife from Ibadan on the 9th of January, 1989 when his car, a Peugeot 505 saloon car was involved in an accident with a Mercedez Benz Truck driven by the 2nd Appellant, an employee of the 1st Appellant. It was a ghastly accident; a head-on collision. The accident was fatal. Chief Oloyede, his driver and four other persons in his car lost their lives on the spot. The late chief was 63 years old at the time of his death. He had a wife and seven children. All of them depended on him. His wife was a full time house wife. His children with the exception of one, who was working in one of his companies, were in various tertiary institutions in Nigeria and abroad. Following the tragic accident, the late chief's wife and his children sued the Appellants in the High court of Justiceā€¦

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