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ADEGOKE MOTORS LIMITED v. DR. BABATUNDE ODESANYA & ORS

(1987) JELR 42370 (CA)

Court of Appeal  •  CA/L/218/87  •  9 Nov 1987  •  Nigeria

Coram
ADENEKAN ADEMOLA JCA; UTHMAN MOHAMMED JCA; EPHRAIM OMOROSE IBUKUN AKPATA JCA;

Judgement

ADENEKAN ADEMOLA, J.C.A. (Delivering the Leading Judgment): This appeal raises three matters:

1. Whether the decision of the Supreme Court in Sken Consult Nigeria Limited Anothers v. Ukey (1981) 1 SC 6 is applicable to the instant case.

2. Whether there is a conflict between that decision and the decision of the Supreme Court in Ezomo v. Oyakhire (1985) 1 NWLR Part 2 page 195.

3. Whether Order 10 Rule 7 of the Lagos State High Court Rules are applicable in the award of unliquidated damages in the instant case.

In the court below the Respondents have claimed against the appellant the sum of N60,280.00 as damages for negligence by the appellant through a servant or agent. The appellant through his solicitor Messrs. Bamidele Aiku entered appearance to the writ of summons served on the Appellant but took no other step or part in the proceedings until judgment was entered against the Appellant. The Respondent obtained against the Appellant judgment through a summary procedure under Order 1…

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