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IN NEGLIGENCE ON ROAD, IT IS CRUCIAL TO LEAD EVIDENCE AS TO HOW THE ACCIDENT OCCURED

Dictum

Accordingly, in the case of NGILARI v. MOTHERCAT LIMITED (1999) 13 NWLR (PT. 636) 626; failure of the Appellant in his pleading and evidence to establish that the accident was inevitable due to the diversion created by the construction company; and to explain or expatiate on how the accident occurred were viewed by the Apex Court as evidence that the claimant therein did not exercise due care and attention or with reasonable consideration of other road users or with himself. In effect, in an action for negligence in accident matters, it is crucial to the success of the claim to lead evidence as to how the accident occurred. The plaintiff must also plead and give evidence of how he drove, that is, that he drove carefully, at a reasonable speed, looking out properly on the road; and in such a manner that his action would not have contributed to the accident.

— U. Onyemenam, JCA. P.W. Ltd. v. Mansel Motors (2017) – CA/J/240/2016

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AN EMPLOYMENT WHERE NATURAL JUSTICE IS BEEN EXCLUDED IS PURE MASTER AND SERVANT

Lord Wilberforce in the case of Malloch v Aberdeen Corporation (1971) 2 All ER 1278 at 1294 said: “One may accept that if there are relationships in which all the requirements of the observance of rules of natural justice are excluded (and I do not wish to assume that this is inevitably so), these must be confined to what has been called “pure master and servant” case, which I take to mean cases in which there is no element of public employment.or service, no support by statute, nothing in the nature of an office or a status which is capable of protection. If any of these elements exist, then in my opinion, whatever the terminology used, and even though in some interpartes aspect the relationship may be called that of master and servant, there may be essential procedural requirements to be observed and failure to observe them may result in a dismissal being declared to be void.”

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