CaseLaw
Okeke V. Aondoakaa (2000) CLR 8(s) (CA)
Brief
Facts
The respondent filed an action against the appellant as the 2nd defendant and his driver who was sued as the 1st defendant for the sum of N30,000.00 special and general damages for injuries sustained by the respondent as a result of an accident involving the respondent and the 1st defendant.
The respondent’s case was that on 13th of June, 1985 at about 5.30p.m. he was riding his motorcycle with registration No. BN 2242 V along Gboko-Yander Road when he approached the appellant’s Mercedes Benz 911 lorry driven by the 1st defendant. The lorry was facing the same direction in which the respondent was going and was parked on the verge of the road. The respondent was directly behind the vehicle waiting for another vehicle coming from the opposite direction to pass suddenly, the 1st defendant engaged the lorry in reverse gear and in so doing crashed into the respondent’s motorcycle, wounding him seriously. The respondent sustained severe injuries and fractures which he itemised in his amended statement of claim.
The appellant on the other hand contended that the lorry was parked well on the very of the road, was securely locked and was not in motion when the respondent who was coming from behind ran into it in an effort to avoid collision with an on-coming vehicle from the opposite direction. It was also part of the appellant’s case that the 1st defendant had been dismissed from his employment few hours before the accident occurred and as such he could not be said to be vicariously liable for the 1st defendant’s act.
The 1st defendant on his own part admitted liability and did not file any statement of defence.
The trial court gave judgment in favour of the respondent and awarded his special and general damages against the defendants jointly and severally. The appellant, dissatisfied and aggrieved, appealed to the Court of Appeal.
Issues
Whether the trial court was right to have found the appellant vicariously...