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.
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)