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B. O. Okafor v. Christopher Nnodi

(1963) JELR 41327 (SC)

Supreme Court  •  F.S.C.51/1963  •  9 Nov 1963  •  Nigeria

Coram
ADEMOLA ADETOKUNBO C.J.N JSC; JOHN IDOWU CONRAD TAYLOR JSC; BAIRAMIAN JSC;

Judgement

BAIRAMIAN, J.S.C. (giving the reasons for the judgement of the Court): This appeal was allowed at the hearing and an order made on 11th November, 1963 at Kaduna; the Court said reasons would be given later, and they will now be given. The claim in the writ is for #20,000 as damages for the death of Celestine Nnodi as per particulars attached. The particualrs explain that:

"The plaintiff's claim is as the person entitled under native law and custom to administer the estate of Celestine Nnodi, deceased, for #20,000 (Twenty thousand pounds) being damages for the death of the said Celestine Nnodi from injuries received by the said Celestine Nnodi while a passenger in the defendant's lorry No. BYA. 773, by the negligence of the defendant's servant and driver in charge of the said lorry known as Chukwuweike at Mile 9 on the Lafia Jos Road, on 28th July, 1959."

The defendant could not be found, so an order was made to post the writ on the door of his house. That was done, but he did not turn…

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