Before Their Lordships
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria
SAIDU KAWU Justice of The Supreme Court of Nigeria
CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
Between
1. MANAGEMENT ENTERPRISES LTD
2. DANGA MUSA Appellant(s)
AND
JONATHAN OTUSANYA Respondent
…………………….A…………………….
OPUTA, J.S.C. (Delivering the Leading Judgment): On the 20th January, 1987, when this appeal came up for hearing the Respondent was not in Court and he was not represented by counsel. Chief Oriade for the Appellants then informed the Court that the Respondent’s counsel Chief Okusaga was in Court on the 17th June, 1984 to oppose his motion for a stay of execution. He knew of this appeal. The Respondent did not even file any Brief of argument. Under order 6 Rule 9(1) of the Supreme Court Rules 1985 this appeal can proceed without learned counsel for the Respondent who even if he is present will not be entitled, without leave of Court, to oral hearing in the circumstances.
There are very many facts that are not in dispute in this case. It is common ground that the Plaintiff in the Court of first instance and the Respondent in this Court, Jonathan Otusanya, was on the 22nd day of April, 1969, travelling as a farepaying passenger on board a commercial lorry No. LG 3145 driven by one Buraimoh Bakare. It is not in dispute that this lorry was travelling from Ago Alaiye to Ijebu-Ode along the Benin-Ijebu-Ode road. It is admitted that along that road there is an arrow bridge about 1 1/2 miles after Ajebandele. Both side concede that on that fateful day a ghastly accident occurred on or around the vicinity of the bridge involving a trailer No. LN 9801 and the lorry No. LG 3145. Jonathan Otusanya was severely injured in that accident of 22nd April, 1969. On the 9th day of July, 1972, almost 3 years and 3 months after the accident, Jonathan Otusanya took a Writ of Summons against both the owners and the drivers of the two vehicles involved in the accident. The main dispute centered around the precise cause of the accident and which of the two drivers was the guilty party. The mere fact that the Plaintiff sued the two drivers together is a point to a possible conclusion that he either did not know the guilty party or he wanted to make assurance doubly sure or that his action was speculative. Which one it is will be revealed by the pleadings.
