CaseLaw
Oshe (SC) V. Okin Biscuits (2010) CLR 3(p)
Judgement delivered on March 5th 2010
Brief
Facts
The facts of this case are simple. On 18th December, 1998, PW1 the Appellant was driving his car along Ajasse Ipo-Offa Road in Kwara State. On getting to Ijagbo on the said road, a tipper lorry driven by DW2 the 2nd Respondent coming from the opposite direction from Offa, suddenly come into the lane of PW1 the Appellant attempting to enter the premises of the 1st Respondent’s company and there was a collision between the two vehicles resulting in the damages to the two vehicles with the Appellant sustaining injuries. Taking into consideration of the reasons given upon which the Court below allowed the Respondents' appeal in part leading to the reduction by 30% of the amount of damages awarded to the Appellant by the trial Court on the ground that the Appellant was driving at excessive speed at the time of the accident. I am of the view that in addition to the minor issue of the failure of the Court below to include the interest that accrued on the judgment amount in the Court of Appeal judgment reducing the award by the trial Court, the main issue for determination in this appeal is whether the Court of Appeal was right on the evidence on record adduced by the parties and the findings of the trial Court on that evidence to rely on the skid marks found on the sketch map Exhibit D1, to find PW1 the Appellant liable in contributory negligence in causing the accident. To say it differently, is the Court of Appeal right in reappraising the evidence to arrive at a different findings from that of the trial Court?
Issues
Whether the Court of Appeal was right on the evidence on record adduced by the...