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PROOF OF DUTY OF CARE IS REQUISITE FOR NEGLIGENCE TO SUCCEED

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Dictum

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

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DUTY OF BANK TO EXERCISE REASONABLE SKILL

Without a doubt, a banker has the duty to exercise reasonable care and skill in regard to its customer’s affairs. The law is that a bank has a duty under its contract with its customer to exercise reasonable care and skill in carrying out its part with regard to the operations within its contracts with...

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PRACTICE AND DUTY IS DIFFERENT

The learned trial Judge from the above quoted finding, viewed “practice of construction companies” as the same with “duty of care of construction companies”. Practice and duty in ordinary English language do not stand for the same thing. The trial Court inferred duty of care from practice of construction companies. Inferring the circumstances upon which...

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BANK HAS DUTY TO EXERCISE REASONABLE CARE IN BANKING BUSINESS

New Improved Manibannc Ventures Ltd v. FBN Plc. (2009) LPELR 8757 (CA); (2009) 16 NWLR Pt. 1167 Pg. 411 the Court held thus:- “It is settled law that a bank has a duty under its contract with its customer to exercise reasonable care and skill in carrying out its part with regard to operations within...

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RIDING IN THE DARK REQUIRES MORE CARE

In BAKER V. LONGHURST & SONS LTD. (1933) 2KB 461 AT 468; LORD SCRUTTON L.J observed thus: “If a person rides in the dark he must ride at such pace that he can pull up within the limit of his vision and if, in those circumstances, he strikes something, either he is going too fast or he has not been keeping a proper look out”. See: NGILARI V. MOTHERCAT LIMITED (supra).

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MEANING OF NEGLIGENCE

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

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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) Was this dictum helpful? Yes 0 No 0...

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