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GODWIN CHUKWU & ORS V. GABRIEL MAKINDE & ANOR

(2007) JELR 49068 (CA)

Court of Appeal  •  CA/B/246/97  •  7 Feb 2007  •  Nigeria

Coram
UWANI MUSA ABBAAJI JCA; GEORGE OLADEINDE SHOREMI JCA; ALI ABUBAKAR BABANDI GUMEL JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ondo State High Court, Akure Division in Suit NO.AK/173/88. The respondents, as plaintiffs before the lower court, claim for general and special damages against the appellants for negligence and recklessness. The case of the plaintiffs at the lower court was that the 1st appellant, as a driver of a Trailer vehicle belonging to the 2nd appellant parked the vehicle negligently and recklessly at a bend and on the main highway between Ilesha and Akure. As a result of this wrong or improper parking of vehicle, a Mercedes Benz car collided with the rear of the Trailer. The Mercedes Benz car was on its way to Igbara-Oke in Ondo State and it was driven by the 1st respondent in company of the 2nd respondent who was his wife. The respondents suffered some injuries as a result of the collision. They were treated at various hospitals. The 2nd respondent suffered more injuries as she los…

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