In Suit No. LD/626/71 Dosunmu, J. in the High Court of Lagos delivered judgment in favour of the plaintiffs on October 30, 1972 in which he made the following awards:
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1st Plaintiff £204
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2nd Plaintiff £180
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3rd Plaintiff £1,014
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6th Plaintiff £432
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7th Plaintiff £288
He thereby dismissed the claims of the other Plaintiff.
The writ of summons was endorsed as follows:-
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"The Plaintiffs' claim against the Defendants jointly and severally is "for £10.000 special and general damages suffered by the Plaintiffs from the negligence of the 2nd defendant in the driving and management of the 1st Defendant's Bus No. Lc.4719 under scope and authority of his employment as servant and/or agent of the said 1st Defendant whereby the late Esther Oni was killed along Apapa Road Ebute-Metta on the 29th day of May, 1971.
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The Defendants have failed and/or neglected to pay in spite of repeated demands."
From this judgment, the plaintiffs/appellants appealed to this court on 8 grounds all of which are, however, in respect of the quantum of damages, the defendants having accepted liability for the negligence of the 2nd defendant, their driver, in consequence of which the deceased, Esther Oni, aged 29, was killed along Apapa Road, Ebute-Metta, on May 29, 1971.
