Samson Ajibade V. Mayowa & Anor (1978)

LawGlobal-Hub Lead Judgment Report

BELLO, J.S.C.

This is an appeal against the decision of Mu’azu Mohammed, J., as he then was, sitting in the High Court, Minna, wherein the appellant as plaintiff commenced proceedings in which he claimed against the respondents as defendants as follows:-

CLAIM

The plaintiff’s claim against the defendants jointly and severally is for the sum of 10,000 Pounds being special and general damages representing the pecuniary loss sustained by the plaintiff and all other dependant relatives of Fatimo Alake killed in the vehicle owned by the 1st defendant and negligently driven by the 2nd defendant on keffi/Abuja Road North Western State of Nigeria on or about the 18th day of September, 1967.

PARTICULARS OF DAMAGES

SPECIAL DAMAGES

Funeral Expenses 100 Pounds =: =

General 9,900 Pounds:=:=

10,000 Pounds: =:=

Pleadings were ordered and were duly filed and delivered by the plaintiff and the 1st defendant but the 2nd defendant did not file any Statement of Defence. Paragraphs 3-6, 9-10 of the Statement of Claim read:-

“3. The 2nd defendant is a driver who at all material times is the servant of the 1st defendant and lives at Alutierin village, Ife District.

4. The plaintiff takes this action in a representative capacity and acts for himself, Madam Joke Sedu (mother of the deceased), Sedu Timi (father of the deceased), Kayode Ajibade and Yemisi Ajibade (children of the deceased).
5. The plaintiff brings this action under the Fatal Accident Act 1946 and 1864 and Fatal Accident law Northern Nigeria, 1956.

6(a)That on the 10th of October, 1966 he entered into a contract with the 1st defendant hiring the vehicle No. WF 1544 owned by the 1st defendant for a period of twelve months by paying down 302 Pounds and paying monthly rental of 106 Pounds per month.

6(c) That the 1st defendant as the owner employed the services of the 2nd defendant to manage and take care of the vehicle No. WF 1544 as the person covered by the comprehensive insurance taken out by the 1st defendant which remained in force and covered the 19th of September, 1967.

6(f) That the period covered by the hire remained almost a month to complete when the lorry was negligently driven and killed the deceased and others on Keffi/Abuja Road, North Western State of Nigeria on or about 18th September, 1967.