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MUFUTAU v. ADENIYI

(2021) JELR 109267 (CA)

Court of Appeal  •  CA/IL/4/2020  •  10 Sep 2021  •  Nigeria

Coram
Uzo Ifeyinwa Ndukwe-Anyanwu, JCA Ibrahim Shata Bdliya, JCA Misitura Omodere Bolaji-Yusuff, JCA

Judgement

UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kwara State, sitting at Omu-Aran delivered on 8th June, 2018 by T. S. UMAR, J. The Appellant being dissatisfied with the outcome of the judgment filed a Notice with six (6) Grounds of Appeal.

The fact of this appeal is as captured by the Appellant in his Brief of Argument:-

The Respondent as Claimant in the lower Court by a Writ of Summons and Statement of Claim asked for the following Reliefs.

i) A declaration that the rash and negligent manner and the way the Defendant drove his pick-up van with registration number KWARA MUN 491 AA without due care and attention for other road users on 18th March, 2014 caused the accident that resulted into permanent leg injury sustained by Claimant.

ii) A declaration that the Defendant is liable for the permanent injury sustained by the Claimant as a result of the accident on 18th March, 2014.

​iii) An order mandating the De…

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