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CaseLaw

Gbolade V. Oladejo (1994) CLR 11(d) (CA)

Brief

  • Negligence
  • Duty of care
  • Res ipsa loquitur
  • Vicarious liability
  • Loss of use

Facts

The respondent was the plaintiff before the Ibadan High court (Coram: Kolawole J) where he claimed against two defendants (of whom the appellant was the 2nd defendant) for N100,000.00 jointly and severally being special and general damages for:

  • "the 1st defendants negligence when on or about 12 April, 1985 the 2nd defendants driver and servant negligently drove his commercial bus with registration No OG 6193 JA along Ijebu Ode Road, Mamu Ibadan and collided with the plaintiff a motor cyclist riding his motor cycle No OY 237 DY and caused him severe injuries pains and shock."

Pleadings were filed and exchanged between e plaintiff and the 2nd defendant. The 1st defendant did not file a statement of defence. Kolawole J tried the suit On 19th June, 1987 judgement was delivered. The trial judge found that the plaintiff was contributorily negligent and awarded N20,726.30 in plaintiffs favour for the negligence of 1st defendant for which the 2nd defendant was found vicariously liable.

The 2nd defendant has brought this appeal against the said judgement.

Issues

  • 1.
    "Was the negligence of the 1st defendant and the appellant decided on...
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