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Town Clerk, L. T. C. v. Mrs P. A. Clement

(1963) JELR 41794 (SC)

Supreme Court  •  F.S.C.77/1962  •  25 Mar 1963  •  Nigeria

Coram
LIONEL BRETT JSC; JOHN IDOWU CONRAD TAYLOR JSC; BAIRAMIAN JSC;

Judgement

BRETT, FJ.:-This is an appeal by the Town Clerk of the Lagos Town Council against the judgment of the High Court of Lagos awarding damages against him in respect of injuries caused to the plaintiff and her house through the negligence of one Christopher Asemota, who was employed by the Town Council as driver of a conservancy lorry. In the Court below negligence was denied, and an attempt was made to suggest that the damages claimed were inflated, but the main defence, and the only point argued in this Court was that the Town Council ought to have been sued in its own name, and that the Town Clerk could not be sued in respect of a liability attaching to the Council itself.

The incident giving rise to the claim took place on the 3rd May, 1959, and the writ of summons was issued on the 27th July, 1959. The Defence, in which it was pleaded that the action was not maintainable against the appellant, was filed on the 1st August, 1960, and judgment was delivered on the 14th November, 1960. T…

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