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AKINYEMI DARE & ANOR. V. CALEB FAGBAMILA

(2009) JELR 33122 (CA)

Court of Appeal  •  CA/IL/18/2008  •  26 Jan 2009  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA; SOTONYE DENTON-WEST JCA; JUMMAI HANNATU SANKEY JCA;

Judgement

JUMMAI HANNATU SANKEY, JCA (Delivering the Leading Judgment): On a dark night of 6th January, 2001 at about 8.00pm, on the Aisegba-Ekiti road in Ekiti State, Akinyemi Dare, a salesman with the Nigerian Bottling Company, was involved in a collision with the vehicle of Caleb Fagbamila, a businessman and sawmiller. Dare was driving the 2nd Appellant's truck which was carrying crates of Cocacola, while Fagbamila was in his own car with his wife, daughter and PW2, even as the vehicle, a Peugeot 504 saloon car, was driven by one Lamidi Seidu. As a result of the impact, the Respondent's vehicle went off the road into the bush and was damaged. The 1st Appellant raced off without rendering any assistance to the occupants of the Peugeot 504 Saloon car. Owing to the two crates of Coca-cola which fell onto the road during the course of the accident, the Respondent was able to trace the truck to the 1st Appellant's employer's office, i.e. the Coca cola Depot at Ado-Ekiti The Respondent met the Dep…

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