Slee Transport Ltd V. Oladipo Oluwasegun & Anor (1973)

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SOWEMIMO, J.S.C. 

The appeal in this case turns on three grounds; whether the Western State Court of Appeal could in the peculiar circumstances of the case substitute its own findings of facts on appeal from a court of first instance; (2) whether it is open to a court of appeal, without taking any fresh or additional evidence and without any new point being canvassed by either side, to decide an appeal on grounds other than those argued before it; and (3) whether it is open to a court of appeal to question the findings of a court of first instance on the grounds that it did not set out “how” and “why” it came to certain conclusions.

The judgement on appeal before this court arose from the decision of the Western State Court of Appeal in Suit No. CAW/80/70 dated 11th march, 1971 by which it set aside the judgement of Ayoola J. in Suit No. 1/127/68 delivered in the High Court holden at Ibadan in the Western State.

The writ of summons and the particulars of claim before the High Court read thus:

“The plaintiff s claim against the defendants is for the sum of three thousand, eight hundred and twenty-four pounds and six pence (3,824:s:6d)(pounds) being special and general damages for the loss sustained by the plaintiff through the negligence of the 2nd defendant who is the servant or Agent of the 1st defendant when on the 3rd day of February, 1968 at Ife-Ibadan Road, the 2nd defendant drove and managed commercial vehicle No. WAX. 865 property of the 1st defendant negligently and recklessly and collided with Petrol Tanker No. LM. 2692 property of the plaintiff which said vehicle was extensively damaged and has been unable to ply the road ever since.

Special Damages:-

1. 2,064: ’97 6d(pounds) estimated cost of repairs to Petrol Tanker

No. LM. 2692.

2. 440: – – Cost of Petrol lost in Petrol Tanker No.

LM. 2692.

3. 720: – – Loss of earnings for estimated six weeks

period of repairs.

B. General Damages:-

600(pounds) :

3,824:6d(pounds) .”

Pleadings were duly filed and the matter went to trial. In their Statement of Claim, the plaintiffs averred:

“7. That the 2nd defendant as driver, servant and agent of the 1st defendant drove and managed the said vehicle No. WAX. 865 negligently and recklessly on Ife-Ibadan Road, in the afternoon on the 3rd day of February, 1968 and swerved from his own side of the road and collided with Petrol Tanker No. LM. 2692 property of the plaintiff.