Judiciary-Poetry-Logo
JPoetry

NEGLIGENCE ARISE WHEN A LEGAL DUTY OWED BY TO THE PLAINTIFF IS BREACHED

Reach more audience. Place advert here.

Dictum

LUFTHANSA GERMAN AIRLINES v. BALLANYE, 2013 1 NWLR (PT. 1336) 527, The Supreme Court Per Kalgo J.S.C. had this to say: “The general principle is that the tort of negligence arises when a legal duty owed by the defendant to the plaintiff is breached and to succeed in an action for negligence the plaintiff must proof by the preponderance of evidence or the balance of probabilities that: “(a) the defendant owed him a duty of care; (b) the duty of care was breached; (c) the defendant suffered damages arising from the breach.” NIGERIAN AIRWAYS LTD. v. ABE (1988) 4 NWLR (PT. 90) 524; ANYAH V. IMO CONCORDE HOTELS LTD. (2002) 18 NWLR (PT. 799) 377; AGBONMAGBE BANK LTD. V. C.F.A.O. (1966) 1 ALL NLR 140 AT 145; UNIVERSAL TRUST BANK OF NIGERIA V. FIDELIA OZOEMENA (2007) 3 NWLR (PT. 1022) 448; (2007) 1-2 SC (PT. 11) 211.

Was this dictum helpful?

SHARE ON

THREE INGREDIENT TO PROVE NEGLIGENCE

In the case of Donoghue v. Stevenson (1932) AC 562/(2002)12 WRN 10, the locus classicus on negligence, the erstwhile House of Lords evolved three ingredients of negligence, which a plaintiff must establish, thus: that the defendant owed him a duty of care, that there was a breach of the duty and that the breach caused him injury or damage. These three ingredients have since been accepted and assimilated in the corpus of Nigerian jurisprudence, see Agbomagbe Bank Ltd. v. CFAO (1967) NMLR 173, (1966) 1SCNLR 367; FBN Plc. v. Associated Motors Co. Ltd. (1998) 10NWLR (Pt. 570) 441; Abubakar v. Joseph (supra); Diamond Bank Ltd. v. P.I.C. Ltd. (supra); Ighreriniovo v. S.C.C. (Nig.) Ltd. (supra).

— Ogbuinya JCA. Benjamin Agi V. Access Bank Plc (formerly known and called Intercontinental Bank Plc (CA/MK/86/2012, 28 Nov 2013)

Was this dictum helpful?

TORT OF NEGLIGENCE AND THE ISSUE OF DAMAGES

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)

Was this dictum helpful?

PARTICULARS OF NEGLIGENCE AND FRAUD MUST BE PROVIDED

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)

Was this dictum helpful?

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)

Was this dictum helpful?

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

Was this dictum helpful?

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

Was this dictum helpful?

Load More
No more related dictum to show.

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

Humongouz Empire

© 2025

designed by Humongouz Ztudio. 

TO – 1051 | UO – 0 | GO – 884 | BO – 167

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.