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).
PROOF OF DUTY OF CARE IS REQUISITE FOR NEGLIGENCE TO SUCCEED
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