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ASHLEY AGWASIM & ANOR V. DAVID OJICHIE & ANOR

(2004) JELR 42070 (SC)

Supreme Court  •  SC.15/2000  •  30 Apr 2004  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; NIKI TOBI JSC; DENNIS ONYEJIFE EDOZIE JSC;

Judgement

D.O. EDOZIE, JSC. (Delivering the Leading Judgment): Although an appreciation of the facts leading to this appeal is not relevant for its determination, it is nonetheless proper to state the facts albeit briefly. The case arose from a road accident that occurred on 31st December 1986, near Okuokoko village along Ughelli/Warri Road. The accident involved the collision of a luxurious bus No. BD 9558A and a Peugeot 504 station wagon No. BD 5316 HA which caused the death of Friday Ojichie, a passenger in the latter vehicle. In consequence of the death of Friday Ojichie, his dependants in a representative capacity as plaintiffs commenced proceedings in the High Court of Delta State holden at Effurum claiming jointly and severally damages in negligence against the 1st and 2nd defendants as the driver and owner respectively of the luxurious bus. The trial court in its judgment delivered on 25/8/97 found negligence directly proved against the 1st defendant and vicariously established against …

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