N. E. EKPE V. S.A. FAGBEMI

M. BELLO, JSC (Delivering the Leading Judgment): The Plaintiff who is the Respondent in this appeal was the owner of a car No. LN 3542. On February 9, 1969, that car was being driven along Ladoke Akintola Road, which is a major road, when, at the junction of that road with Oba Docemo Road-which is a minor road-it was in collision with a car driven by the Appellant. The car of the Respondent was badly damaged as a result of the accident.

On the 20th October 1969, the Respondent commenced an action against the Appellant in the High Court, Ikeja, claiming 2,280 pounds damages for negligence made up of 602:14s:3d (pounds) being the estimated costs of repairs, 1,200 pounds for loss of use for 12 months and 577:5s:9d (pounds) as general damages.

After a review of the evidence adduced by the parties, the learned trial judge found the Appellant liable for negligence in driving his car from the minor road into the major road without having taken a proper lookout. He also found the driver of t…