New India Assurance Company Limited V. Odubanjo & Ors. (1971)

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Parties

NEW INDIA ASSURANCE COMPANY LIMITED  Appellant(s)

AND

1. ODUBANJO
   2. LADIPO
   3. ABIODUN Respondent(s)

LEWIS, J.S.C.

In Suit No LD/541/67 in the Lagos High Court the Plaintiff’s writ read:

“The first defendant is at all material times owner of car LK 9988, and the second defendant during the course of his employment with the first defendant is at all material times the driver of the said car.

The first defendant company is at all material times the insurer of the first defendant.

On October 1st, 1967 the second defendant negligently drove the said car LK9988 and collided with the plaintiff’s private car LK7733, whereby the plaintiff suffered damage.

The plaintiff therefore claims against the defendants jointly and severally the sum of two thousand and eleven pounds, eighteen shillings and six pence, 2,011.18s.6d) representing special and general damages suffered by the plaintiff as a result of damage done to the plaintiff’s private car LK 7733 by the collision caused on October 1st, 1967 by the first defendant’s car LK 9988 negligently driven by the second defendant during the course of his employment with the first defendant.

The third defendants are sued as the insurers of the first defendant.

pounds s d

Special 1,311 18 6

General 700 0 0

2,011 18 6