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ADERINOLA ADEYEMI JEJELOLA ADEYEMI MORILI ADEYEMI By their next friend MUFUTAU ADEYEMI Aderinola Adeyemi IDIATU ADEYEMI AWULATU ADEYEMI AKINADE ADEYEMI V. ALHAJI SHITTU BAMIDELE SHITTU ALAKA

(1968) JELR 61969 (SC)

Supreme Court  •  SC 675/1965  •  31 Jan 1968  •  Nigeria

Coram
COKER, LEWIS, MADARIKAN, JJ.S.C.

Judgement

COKER, JSC (Delivering the Judgment of the Court): The appellants are the plaintiffs and the respondents the defendants in an action (Suit No. 1/118/63) tried by Ogunkeye, J. in the High Court, Ibadan. The writ of summons was endorsed as follows:-

‘The plaintiffs, the dependants of one Isiaka Adeyemi claim from the defendants the sum of thirteen thousand pounds (£)13,000 being damages suffered as a result of the death of the said Isiaka Adeyemi from the negligence or trespass of the defendants on the 30th day of September, 1960 at Strachan Street, Ebute-Metta.

PARTICULARS

Aderinola Adeyemi (wife) Aged 28 £1,500

Jejelola Adeyemi (wife) “32 £1,500

Akinade Adeyemi “13 Boy Student £2,000

Mufutau Adeyemi 12 Boy £2,000

Morilf Adeyemi “10 Girl £2,000

Idiatu Adeyemi “4 £2,000

Awulatu Adeyemi “2 £2,000

TOTAL £13,000′′

Thus framed it is manifest that the claims on the writ are founded on the Torts Law, cap, 122 (Laws of Western Nigeria). Evidence was taken on both sides. At the trial the first two plaint…

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