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
SHARE ON
In all cases in which damages is being claimed for negligence the Court is to bear it in mind that negligence is a matter of or question of fact and not law and thus a finding as of fact of the act of omission or commission of the defendant must first be made before damages could be assessed. See also M. O. Kanu & Sons Co. Ltd v. First Bank of Nigeria Plc (2006) LPELR 1797 (SC).
— O. Oyewumi, J. Aseidu v Japaul (2019) – NICN/AK/01/2016
The onus of proving negligence is on the claimant who alleges it and unless and until that is proved, the onus of proof does not shift. In other words, where a claimant pleads and relies on negligence by conduct or action of a defendant, the claimant must prove by evidence the conduct or action and the circumstance of its occurrence which gave rise to the breach of the duty of care owed the claimant. It is only after this that the burden shifts to the defendant to adduce evidence to challenge the negligence on his part Universal Trust Bank of Nigeria Plc Vs Ozoemena supra.
— H.A.O. Abiru, JCA. P.W. Ltd. v. Mansel Motors (2017) – CA/J/240/2016
The tort of negligence is a civil wrong consisting of breach of a legal duty to care which results in damage. Thus, three things must be proved before the liability to pay damages for tort of negligence and these are:- (a) That the defendant owned the plaintiff a duty to exercise due care. (b) That the defendant failed to exercise due care, and (c) That the defendant’s failure was the cause of the injury in the proper sense of that term.
– Shuaibu JCA. Diamond Bank v. Mocok (2019)
The learned trial Judge on issue of Negligence rightly stated that Negligence is a question of fact and not law. Therefore each case must be decided in the light of its own facts. – Nwodo, JCA. OLAM v. Intercontinental Bank (2009)
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)
The approach to a claim in negligence comes into operation in the following circumstances: (a) On proof of the happening of an unexplained occurrence; (b) When the occurrence is one which would not have happened in the ordinary course of things without the negligence on the part of somebody other than the plaintiff and (c) The circumstances point to the negligence in question being that of the defendant rather than that of any other person.
– Shuaibu JCA. Diamond Bank v. Mocok (2019)
Click the icons to like, follow, and join JPoetry