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MALLAM NURAEN TAIWO HASSAN DINDI V. EKESON BROTHERS TRANSPORT COMPANY LIMITED & JUDE EZE

(2020) JELR 86995 (CA)

Court of Appeal  •  CA/A/323/2015  •  20 Feb 2020  •  Nigeria

Coram
STEPHEN JONAH ADAH JCA PETER OLABISI IGE JCA EMMANUEL AKOMAYE AGIM JCA

Judgement


EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): This appeal No. CA/A/323/2015 was commenced on 8/12/2014 when the appellant filed a notice of appeal against the judgment of the High Court of the Federal Capital Territory in suit No: FCT/HC/CV/93/2011, delivered on 29/9/2014 by Olukayode A. Adeniyi J. The notice of appeal contains 2 grounds of appeal. By a notice filed on 10/01/2019, the appellant withdrew the appeal against the 2nd respondent, Jude Eze. Both sides filed, exchanged and adopted their respective briefs as follows- appellants brief and 1st respondents brief. The appellants brief raised the following issues for determination-

1. Was the learned trial Judge right to hold that the 1st Respondent was not vicariously liable for the acts of the 2nd defendant who was its servant in its employment when he carried out the alleged acts in the course of his official duty (Distilled from Ground 1).
2. Was the learned trial Judge right to excuse the 1st Respondent from …

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