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T.O. KUTI AND ANOTHER v. SALAWU TUGBOBO

(1967) JELR 91509 (SC)

Supreme Court  •  SC.636/1965  •  22 Dec 1967  •  Nigeria

Coram
BRETT, JUSTICE, SUPREME COURT. LEWIS, JUSTICE, SUPREME COURT. MADARIKAN, JUSTICE, SUPREME COURT

Judgement

LEWIS, J.S.C.

(Delivering the Judgment of the Court)-

In suit J/35/64 the plaintiff claimed damages for the injuries he suffered in a lorry crash on the Ogbere/Ijebu-Ode Road on the 12th October, 1961, due he alleged to the negligence of the second defendant, a driver of the lorry which was owned by the first defendant, and on the 16th of July, 1965, In the Ijebu-Ode High Court, Oyemade, J, gave judgment for the plaintiff awarding him £2,000 damages and costs of £130, and against that decision the defendants have appealed on a number of grounds.

The first ground of appeal was that-

“The learned trial Judge erred in law and in fact in holding that the first defendant was liable because the prima facie evidence of ownership was rebutted by proof of the actual facts and because actual possession and control of the vehicle have both been abandoned to the second defendant as real owner or bailee.”

In this regard the learned trial Judge said in his judgment-

“As regards the liability of the defen…

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