MRS. COMFORT OYELADUN ADETOUN V. LAFARGE AFRICA PLC & MR. SUNDAY OPEIFA

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ogun State, Ilaro Judicial Division in Suit No. HCT/332/2001 delivered on 21/04/11, Coram Onafowokan J. dismissing the claims of the Plaintiff/Appellant.

The Appellant as Plaintiff commenced an action by writ of summons dated and filed on 30/10/01 but sealed on 28/01/02. By paragraph 12 of her amended Statement of Claim she claimed against the Respondents as Defendants jointly and severally as follows:

a. N25, 750,000.00 only as special and general damages under the Torts Law Cap. 126 Laws of Ogun State 1978.

b. 10% interest per annum on sum assessed by the Court from the date of judgment until payment is made; and

c. N50, 000.00 as cost of this suit.

FACTS

The Appellants case as pleaded is that on 31/10/98, her husband, the deceased was a passenger in a commercial bus travelling from Abeokuta to Lagos along Abeokuta-Ifo-Lagos Road in the direction of Ifo Town when a…