TOBI, JCA (Delivering the Lead Judgment): This appeal involves an accident which occurred at the Sapele-Benin Highway, in 1986. It was on the 4th day of October, 1986. One David Akporubere was carrying staked coupons from Ugholli to Benin City when suddenly at bend in Mosogar a Datsun20 Minibus with Registration No. BD 751 BF suddenly and unexpectedly drove into the Sapele Benin Highway from a petrol filling station. It was raining at the material time. The car David Akporubere was driving ran into the minibus. David Akporubere died on the spot. So too the man who sat in front of the car with him and the driver of the minibus, who was later identified as Godwin Akatugba, the son of the plaintiff. Some persons received injury. The police removed the dead and the injured to Sapele.
The father of Godwin Akatugba filed an action. He claimed the sum of ₦100,000.00 under the Bendel State Torts Law, Cap. 164 Laws of Bendel State of Nigeria, 1976. After taking evidence from the parties, the …