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The Lion Of Africa Insurance Company Ltd v. Mrs Stella Anuluoha

(1972) JELR 33314 (SC)

Supreme Court  •  SC.397/1966  •  5 May 1972  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; IAN LEWIS JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

SIR I. LEWIS, J.S.C. (Delivering the Leading Judgment): In Suit No. 0/144/64 in the Onitsha High Court the plaintiff was the widow of one Benjamin Anuluoha who was a passenger in a vehicle driven by one P.E. Mofus alias M. Ezeoba; during the journey owing to the negligence of the driver an accident occurred resulting in the death of the plaintiff's husband. The plaintiff, in a separate action No. 0/131/63, brought a claim against that driver, P.E.Mofus alias M. Ezeoba, under the Fatal Accidents Law, 1956 of the then Eastern Region of Nigeria and recovered in judgment the sum of 34,886pounds together with 80 guineas costs. The plaintiff then brought the present action claiming to recover the total sum awarded to her in suit No. 0/131/63, namely 34pounds, in all, from the present defendants because the defendant in suit No. 0/131/63, the negligent driver, was insured with the present defendants. The plaintiff based her claim on section 10(1) of the Motor Vehicles (Third Party Insurance)…

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