YETUNDE ONI & ORS V. L.C.C. CARETAKER COMMITTEE & ORS

ELIAS, C.J.N. (Delivering the Leading Judgment): In suit No.LD.626/71 Dosunmu J. in the High Court of Lagos delivered judgment in favour of the Plaintiffs on October 30, 1972 in which he made the following awards:

1st Plaintiff 204(pounds)

2nd Plaintiff 180(pounds)

3rd Plaintiff 1,014(pounds)

6th Plaintiff 432(pounds)

7th Plaintiff 288(pounds)

He thereby dismissed the claims of the other Plaintiffs. The writ of summons was endorsed as follows:

"The Plaintiffs' claim against the Defendants jointly and severally is for10,000(pounds)

special and general damages suffered by the Plaintiffs from the negligence of the 2nd Defendant in the driving and management of the 1st Defendants' Bus No. L.C. 4719 under scope and authority of his employment as servant and/or agent of the said 1st Defendants whereby the late Esther Oni was killed along Apapa Road Ebute-Metta on the 29th day of May, 1971. The Defendants have failed and/or neglected to pay in spite of repeated demands."

From this judgment, …