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DR. C.K. MANUEL v. JOSEPH EDEVU

(1968) JELR 91577 (SC)

Supreme Court  •  SC.533/1966  •  13 Dec 1968  •  Nigeria

Coram
ADEMOLA, CHIEF JUSTICE, NIGERIA COKER, JUSTICE, SUPREME COURT MADARIKAN, JUSTICE, SUPREME COURT

Judgement

MADARIKAN, J.S.C. (Delivering the Judgment of the Court):

The respondent in this appeal was the plaintiff in the Lagos High Court (suit No. LD/540/1964) where he sued the defendant/appellant claiming £4,690:

14s. as special and general damages for injuries sustained by him on the 18th of November, 1962, when a motor vehicle (No. LF.7897) belonging to the defendant was negligently driven by the defendant or his servant and collided with the plaintiff.

At the trial, the evidence adduced in support of the plaintiff’s case was that the vehicle was driven by the defendant at the time of the accident. This was disbelieved by the learned trial judge. The defendant’s evidence in so far as it relates to the issue of liability may be summarised thus:-

1. The defendant was the owner of vehicle No. LF7897 which was involved in an accident with Tanker No. LD4711, belonging to Messrs. Jarmakani Transport Company, near Ijebu Ode on the 13th January, 1962.

2. The driver of the Tanker promised to repair th…

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