Furthermore, the burden of proof of negligence falls on the appellant who alleges negligence. This is because negligence is a question of fact, and it is the duty of the party who asserts it to prove it. Thus, the failure to prove particulars of negligence pleaded is fatal to the case of the appellant.
– M.L. Shuaibu, J.C.A. Dekan Nig. Ltd. v. Zenith Bank Plc – CA/C/12/2020
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In the case of Donoghue v. Stevenson (1932) AC 562/(2002)12 WRN 10, the locus classicus on negligence, the erstwhile House of Lords evolved three ingredients of negligence, which a plaintiff must establish, thus: that the defendant owed him a duty of care, that there was a breach of the duty and that the breach caused him injury or damage. These three ingredients have since been accepted and assimilated in the corpus of Nigerian jurisprudence, see Agbomagbe Bank Ltd. v. CFAO (1967) NMLR 173, (1966) 1SCNLR 367; FBN Plc. v. Associated Motors Co. Ltd. (1998) 10NWLR (Pt. 570) 441; Abubakar v. Joseph (supra); Diamond Bank Ltd. v. P.I.C. Ltd. (supra); Ighreriniovo v. S.C.C. (Nig.) Ltd. (supra).
— Ogbuinya JCA. Benjamin Agi V. Access Bank Plc (formerly known and called Intercontinental Bank Plc (CA/MK/86/2012, 28 Nov 2013)
It is settled law that in an action on negligence, the party suing must give particulars of the alleged negligence and to recover on the negligence pleaded in those particulars, see Spasco Vehicle v. Alraine (supra); Koya v.UBA Ltd. (1997) 1 NWLR (Pt. 481) 251; Machine Umudje v. SPDC(Nig.) Ltd. (1975) 9-11 SC 155; Diamond Bank Ltd. v. P.I.C. Ltd.(2009) 18 NWLR (Pt. 1172) 67; First Bank Nigeria Plc. v. Excel Plastic Industries Ltd. (supra). By the same token, a party who predicates his case on fraud must supply particulars of the fraud in his pleading, see Usen v.Bank Of W/A Ltd. (supra); Ntuks v. NPA (2007) 13 NWLR (Pt.1051) 392; Okoli v. Morecab Finance (Nig.) Ltd. (2007) 14 NWLR(Pt. 1053) 37; Ezenwa v. Oko (2008) 3 NWLR (Pt. 1075) 610; Eyav. Olopade (2011) 11 NWLR (Pt. 1259) 505; Otukpo v. John (2012)7 NWLR (Pt. 1299) 357; Belgore v. Ahmed (2013) 8 NWLR (Pt.1355) 60; Order 15 rule 3(1) of the Benue State High Court (CivilProcedure) Rules, 2007. Fraud connotes crime and when alleged in civil proceedings, it behoves the party alleging it to prove it beyond reasonable doubt, not on the balance of probability, see Otukpo v.John (supra); section 138(1) of the Evidence Act, 2004 (section135(1) of the Evidence Act, 2011).
— Ogbuinya JCA. Benjamin Agi V. Access Bank Plc (formerly known and called Intercontinental Bank Plc (CA/MK/86/2012, 28 Nov 2013)
This position of the law is inevitable because what amounts to negligence is not law but a question of fact which must be decided according to the facts and circumstances of a particular case. See: KALLZA v. JAMAKANI TRANSPORT LTD. (1961) ALL NLR 747; NGILARI V. MOTHERCAT LIMITED (1999) LPELR SC; (1999) 13 NWLR (PT. 636) 626.
— U. Onyemenam, JCA. P.W. Ltd. v. Mansel Motors (2017) – CA/J/240/2016
The authorities are replete that a successful plea of negligence consists of proving the trivet issues of duty, breach and subsequent damages. In the case of GKF Investment Nigeria Ltd v. Nigerian Telecommunications Plc [2009] 15 NWLR (Pt 1164) 34, it is settled that the particulars of the pleading the breach of a duty of care is required as stated supra and it can neither be assumed or indirect; where there is no real duty to be exercised by the defendants, negligence will have no limbs to stand and any claim articulated thereon will fail.
— O. Oyewumi, J. Aseidu v Japaul (2019) – NICN/AK/01/2016
Negligence is the omission or failure to do something which a reasonable man under similar circumstances can do, or the doing of something which a reasonable or prudent man would not do. More often than not, Negligence in civil matters occur in form of a breach of duty to take care.
— O. Oyewumi, J. Aseidu v Japaul (2019) – NICN/AK/01/2016
It is settled that negligence is a question of fact and not of law. So, each case must be decided in the light of facts pleaded and proved. No one case, is exactly like another. – NIMPAR, J.C.A. Diamond Bank v. Mocok (2019)
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