PARTICULARS OF NEGLIGENCE AND FRAUD MUST BE PROVIDED

NEGLIGENCE IS A QUESTION OF FACT

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)

THE APPROACH TO A CLAIM IN NEGLIGENCE

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)

WHEN DOES NEGLIGENCE ARISE

Negligence is the tort that protects a person from careless action from another, that can injure or harm him. The law places a duty of care on various persons in various circumstances, where such a person breaches the duty of care placed upon him by law and that breach resulted in injury to the person to whom such duty is owed, the bearer of the duty is said to have been negligent and will be liable in damages to repair the injury caused.

– Tukur JCA. Odulate v. FBN (2019)

PLAINTIFF MUST PLEAD THE PARTICULARS OF NEGLIGENCE TO SUCCEED

To succeed in an action for negligence, the law is settled as to the standard of pleading and proof required. As a matter of law therefore; a plaintiff who intends to be victorious in negligence action must plead the particulars of negligence alleged and give cogent and credible evidence at the trial in line with the detailed pleadings. lt is not sufficient pleading for a plaintiff to make a blanket allegation of negligence against the defendant without giving detailed particulars of the items of negligence relied on as well as the duty of care the defendant owes him. See: DIAMOND BANK LTD. V. PARTNERSHIP INVESTMENT CO. LTD. & ANOR (2009) 18 NWLR (PT. 1172) 67; UNIVERSAL TRUST BANK OF NIGERIA V. FIDELIA OZOEMENA (2007) 3 NWLR (PT. 1022) 448; 1-2 SC (PT. 11) 211 KOYA V. UNITED BANK FOR AFRICA LTD (1997) LPELR 1711; (1997) 1 NWLR (PT. 481) 251; MTN NIGERIA COMMUNICATIONS LTD V. MR. GANIYU SADIKU (2013) LPELR 27705 CA.

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

NEGLIGENCE IS A QUESTION OF FACT NOT OF LAW

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)

BURDEN OF PROOF OF NEGLIGENCE

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