Justice S.A Akinteye of a State High Court, Ibadan Judicial Division on Thursday fixed March 10, 2016 for hearing in a matter filed against three people; Pacesetter Transport Services Limited, the Oyo state Government and Alhaji Ogundele Mukaila, over allegations of negligence that led to the death of his 20-year-old daughter, Nifemi Bamgboye. The father of the deceased, Bamgboye Oladele had filed the matter against the trio, asking the court to award the sum of N200m as special and general damages for the perpetual loss suffered by him and his family as the result of the death of his daughter caused by the negligence of Ogundele Mukaila while in the employment of the Oyo state Government and Pacesetter Transport Limited
He claimed that Ogundele recklessly drove a Daewoo luxurious bus with registration number OYO-14B-730Y, jointly owned by the Oyo State Government and Pacesetters Transport which had an accident at Samonda area along UI-Sango road on May 14, 2015
According to him, Ogundele, due to negligence and reckless driving, knocked down and ran over the motorcycle conveying Nifemi and the rider which resulted in the former’s death on the spot of the accident, adding that at the conclusion of the police investigation into the incident, it was discovered that the bus driver had no valid driver’s license.
He alleged further in his averment that he wrote a letter to the management of Pacesetter Transport but they have shown no remorse nor sympathized with his family, adding that that the police had on May 15, 2015 charged Ogundele to the Magistrate Court in Iyaganku.
Bamgboye is also asking the court to give an order that an interest at the rate of 21% per annum on any sum adjudged due to him from May 14, 2015 until liquidation of the judgment sum as well as the cost of the suit.
Pacesetter Transport and Ogundele Mukaila in their defense stated that he neither drove negligently or recklessly on the day the incident occurred, adding that they are putting the claimant to the strictest proof of the allegations. They added that though the claimant has their sympathy, they stand on the point that the driver was not negligent or reckless.
Further, the duo contend that they shall leave evidence to show that the damages allegedly suffered by the claimant are fabricated, unreliable, erroneous and exaggerated, adding that the court should dismiss the case of the claimant as it is frivolous and vexatious.
At the resumed hearing of the matter on Thursday, the defendants were not in court neither were they represented by counsel, consequently, the claimant’s counsel asked for a short adjournment since the court noted that there was no proof of service of hearing notice on the defendants in the court’s record.
Justice Akinteye ordered that fresh hearing notice be served on the defendants and adjourned the matter till March 10, 2016 for mention.