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)
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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
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 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
In AGBONMAGBE BANK LTD. v. C.F.A.O 1966 ANLR S.C. 130, the Supreme Court on what a plaintiff suing for Negligence must establish held that plaintiff must show that the Defendant owed him a duty of care and that he suffered damage in consequence of the Defendant’s failure to take care.
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 Supreme Court in the case of HAMZA V. KURE (2010) LPELR-1351(SC) (P. 14, paras. E-G) Per Mohammad J.S.C., defined negligence thus: “As far back as 1856, Lord Alderson B., defined negligence to be the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. See: BLYTH V. BIRMINGHAM WATERWORKS COMPANY. [1856] 11 Exch. 781 at 784. It may consist in omitting to do something which ought to be done or in doing something which ought to be done either in a different manner or not at all.”
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