MRS. FELICIA ODEBUNMI & ANOR V. ALHAJI ISA ABDULLAHI
(1997) JELR 45485 (SC)
Supreme Court
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SC.242/1991
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14 Feb 1997
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Nigeria
Coram
SALIHU MODIBBO ALFA BELGORE JSC
MICHAEL EKUNDAYO OGUNDARE JSC
EMMANUEL OBIOMA OGWUEGBU JSC
SYLVESTER UMARU ONU JSC
ANTHONY IKECHUKWU IGUH JSC
Appearances
Yusuf O. Alli, Esq. (With him, W. Egbewole Esq., and Kehinde Kola Eleja, Esq.) For the Appellant;
Mohammed Gafar Esq. (With him, O. Yaqub, Esq.) For the Respondent.
Judgement
<p><strong>S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment):</strong> The first plaintiff, now appellant, is the widow of the late Augustine Oyewole Odebunmi who died in an accident whereby he got burnt. She brought this action, in the High Court of Kwara State (former Kwara State) under the Fatal Accidents Law 1963. She therefore represented herself and her children to wit, Folashade, Femi, Wunmi and Bukola. Joining her as co-plaintiff is the mother of the deceased, Madam Adebusu Odebunmi. According to the final amended statement of claim, the defendant, Alhaji Isa Abdullahi, also known as Alhaji Abdullahi Ibrahim Isa, was the registered owner of a tanker-trailer vehicle registration number KN 5645 K and registered at Motor Registry, Kano. The plaintiffs' case is that on the 5th day of November, 1980 Augustine Oyewole Odebunmi (hereinafter called and referred to as "the deceased") was in his vehicle of Volkswagen make, being driven by one Raymond Orifunmise along the highway between Okene and …</p>