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NIGERIA BOTTLING CO. PLC. & ANOR. v. MR. ODUTOLA ORESANYA

(2009) JELR 47266 (CA)

Court of Appeal  •  CA/I/139/06  •  22 Jun 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; ISTIFANUS THOMAS JCA; CHIDI NWAOMA UWA JCA;

Judgement

ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of High Court, Abeokuta, Ogun State delivered by Olapede, O. O., Judge, delivered on 02-06-2005.

The brief fact of the case is that the Respondent as Plaintiff instituted the suit against the 2 appellants as Defendants claiming the sum of N2,000,000.00 as special and general damages for the motor accident which occurred on 19-05-2003 along Akarigbo Street, Isale-Ako Sagamu due to the negligence of the 2nd appellant who at the material times, was a driver in the employment of the 1st Appellant. During proceedings of the suit at the lower court, parties exchanged their pleadings and it was adjourned to a date for hearing. The Respondent testified as PW1 and called another witness who testified as PW2. The Appellants who filed their joint statement of defence and was represented by a learned counsel, failed to call any witness for their defence by resting their case on that of the Respondent. …

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