YEBUMOT HOTEL LIMITED MR. TUNDE ALEGE V. CHIEF VITUS OKAFOR

ONNOGHEN JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Kwara State High Court of Justice sitting at Ilorin in suit No. KWS/203/97 delivered by Hon. Justice M. A. Folayan on the 13th day of June, 2002 in which he entered judgment for the respondent, then plaintiff, for the sum of N360,377.00 being special and general damages for negligence together with 10% interest thereon until judgment debt is paid up and N500.00 cost to the plaintiff all against the appellants, then defendants. The facts of the case include the following. On the 17/4/97, there was an accident involving the vehicle of the 1st appellant driven by the 2nd appellant and the respondent along Emir’s Road, Ilorin, a dual carriageway close to the Post Office roundabout. It is a common ground that at the time of the accident, the road was very busy and that there were fuel queues at both the Total and Texaco filling stations both situate along the 2nd appellant’s right of way. It is the…