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ASSOCIATED BUSINESS COMPANY LIMITED v. JONAH NWACHINEMELU ORS

(2014) JELR 36144 (CA)

Court of Appeal  •  CA/I/145/2010  •  10 Dec 2014  •  Nigeria

Coram
HARUNA SIMON TSAMMANI JCA; OBIETONBARA DANIEL-KALIO JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Judgement
<p>OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the leading : ): This appeal is over the decision of the lower court on a case of negligence. The respondents in this appeal who were the claimants in the High Court of Ogun State filed a suit against the appellant here as the defendant in that court. In summary, the case of the respondents in the lower court is that the appellant's bus was driven negligently. The driver of that bus without due display of the required duty of care, crashed the appenllant's bus into the rear end of another bus and the respondents Mark truck. The impact of the crash was so serious that the conductor of the appellant's bus died on the spot.</p><p> The respondents Mack truck was severally damaged and the driver of the truck who is the 2nd respondent in this appeal, was seriously injured. As a result of his injury he was rushed to Olabisi Onabanjo University Teaching Hospital where his broken right leg was encased in a Plaster of Paris (POP).</p><p> Further treatment of…</p>

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