ROAD TRANSPORTATION (ACCIDENTS, INFRASTRUCTURE, LOGISTICS) CASES/JUDGMENTS
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
[Judgment(s) are listed and published here for free but can procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
|
TITLE |
MAIN ISSUES |
| TRANSPORTATION LAW – WATERWAYS TRANSPORT:- Tidal water ways as distinct from creeks and veins of streams and rivers – Control and ownership of – Implication for private bids to levy use of same for transport or fishing | |
| ADEYEMI V. BAMIDELE |
|
| TRANSPORTATION AND MOTOR VEHICLE LAW:- Highway accident through collision – Proof of negligence – Where vehicle travelling at speed enters wrong lane – Admission of negligence – How treated by Court | |
| AKINYEMI V. THE QUEEN |
MOTOR VEHICLE/TRANSPORTATION LAW:- Driving Licence – Driving with an invalid learner’s permit – Collision resulting in death of a road user – Consequence thereof |
| MOTOR VEHICLE AND TRAFFIC LAW: – Fatal motor vehicle accident – Claim of dependants of deceased victim – Relevant considerations | |
| ALLEN AND OTHERS V. JAMBO HOLDINGS [ |
TRANSPORT LAW – AVIATION:- Death arising from propeller of a light aircraft – Claims arising therefrom – Where plane is only asset of owners within jurisdiction – Whether Injunction could issue to prevent plane from moving out of jurisdiction pending determination of proceedings |
| ALLOYSIUS AKPAJI V. FRANCIS UDEMBA |
TRANSPORT AND MOTOR VEHICLE LAW:- Commercial vehicle – Loan agreement for financing of vehicles repair – Creditor appointed manager of commercial use of vehicle – Duty to give account – How treated |
| MOTOR VEHICLE AND TRANSPORT LAW:- Motor vehicle accident – Claim to recover damages for dependents of deceased who dies as a result of injuries received in a motor accident | |
| AMOS V. SHELL B.P. PETROLEUM DEVELOPMENT |
|
| MOTOR VEHICLE AND TRANSPORT LAW: – Road traffic offences – Charge of reckless driving – How proved – Proof of built up area within the township – Leaving the main road to hit the pedestrian on the grass verge without proof of any emergency or sudden uncontrolled mechanical defect in the vehicle – Whether prima facie evidence of dangerous piece of driving – Slightest negligence on the part of the appellant – Whether sufficient to sustain a conviction | |
| AMUSAN V. BENTWORTH FINANCE (NIG.) LTD |
MOTOR VEHICLE AND TRANSPORT LAW:- Purchase of second-hand vehicles via hire purchase – Hire-purchase agreement – Right of agent of sellers to retake possession when contract is breached – Right of hirers to repudiate contract due to poor operation of vehicles – How proved – Relevant considerations |
|
ANGLO CANADIAN CO LTD V. ALOKOLARO AND CO |
MOTOR VEHICLE AND TRANSPORT LAW:- Ownership of Vehicle – Appearance of defendant’s firm’s name on it – Whether evidence of firm’s ownership. |
| AREHIA V. THE STATE |
TRANSPORT AND MOTOR VEHICLE LAW:– Driving without license – How proved – Effect |
| MOTOR VEHICLE AND TRANSPORT LAW: – Motor vehicle road accident – Car plunging into river via bridge – Role of Police Officer attached to the Motor Traffic Division in the normal course of duties when a case in which vehicles are involved in an accident is reported – Visit at scene in order to take a rough sketch of the scene of accident – Absence of skid marks made by any vehicle at the scene – Relevance in proof of accident at scene – Implication for Justice administration | |
| ARMEL’S TRANSPORT LTD V. MARTINS |
MOTOR VEHICLE AND TRANSPORT LAW:- Negligence-Motor Vehicle Collision – Evidence – Point of impact shown on plan not within personal knowledge of policeman – Whether admissible by virtue of section 90 of Evidence Act |
| TRANSPORTATION LAW: | |
| AWOJOBI V. OLAJIDE |
|
| TRANSPORTATION LAW:- Traffic law – Vehicle permits – official corruption – How proved | |
| BAKARE AJAKAIYE AND ANOTHER VS. LIEUTENANT-GOVERNOR, SOUTHERN PROVINCES |
TRANSPORT AND MOTOR VEHICLE LAW:- Damages for negligent driving – Liability – Res ipsa loquitur – Onus on appellant to show trailer properly fastened – No evidence of latent defect – Not necessary to call doctor to prove medical expenses where doctor’s receipt available – Plaintiff to act reasonably to reduce damages but not necessarily to take course least advantageous to himself – Damages for loss of use of car only for period necessary to obtain new car |
| TRANSPORT AND MOTOR VEHICLE LAW:- Damages for negligent driving – Liability – Res ipsa loquitor – Onus on appellant to show trailer properly fastended – No evidence of latent defect – Not necessary to call doctor to prove medical expenses where doctors receipt available – Plaintiff to act reasonably to reduce damages but not necessarily to take course least advantageous to himself – Damages for loss of use of car only for period necessary to obtain new car. | |
| BAMIDELE AND ANOTHER V. ADEYEMI AND OTHERS |
TRANSPORT LAW AND MOTOR VEHICLE: Negligent use of highway – Lorry driver in collision with cyclist– Relevant consideration in establishing negligence – Need to prove same |
| TRANSPORTATION AND MOTOR VEHICLE LAW:- Fatal accident – Action in negligence against defendants for Omnibus accident – Relevant considerations | |
| BARKWAY V. SOUTH WALES TRANSPORT CO., LTD. |
TRANSPORTATION AND MOTOR VEHICLE LAW:- Fatal accident – Action in negligence against defendants for Omnibus accident – Relevant considerations |
|
BAUCHI STATE AGRICULTURAL DEVELOPMENT PROGRAMME V. ALHAJI ABUBAKAR ABDULLAHI |
|
| BOURHILL V. YOUNG |
MOTOR VEHICLE AND TRANSPORT LAW: – Fatal road traffic accident – Motor cycle and motor car accident – Deceased driver adjudged at fault – Liability of deceased driver to third party not involved in the accident who nonetheless suffer nervous shock from exposure as eye-witness to the accident – Relevant considerations |
| TRANSPORTATION AND MOTOR VEHICLE LAW:- Fatal accident – Collision between Motor cycle and motor car and Motor cycle and truck – Fault – How proved – how treated | |
| DAWODU V. AGBONAHO |
TRANSPORT AND MOTOR VEHICLE LAW:- Master and Servant-Negligence—Collision between motor vehicles-Driver leaving goods in vehicle in the care of third party-Third party starting vehicle without ignition key-Whether owner of vehicle vicariously liable for negligence of third party. |
| MOTOR VEHICLE AND TRANSPORT LAW: – Road accident – Head-on collision with another vehicle – Driving on Federal Highway in a manner dangerous to the public having regard to all the circumstances of the case – How proved – Corroborative evidence – Rough sketch of accident drawn by Police of scene of accident – Eye witness account – Skid mark made by vehicle of accused persons – Other relevant considerations | |
| ELIAS BUS TRANSPORT SERVICE LTD. V. LAGOS CITY COUNCIL | |
| MOTOR VEHICLE AND TRANSPORT LAW: – Negligence in the driving of a lorry down a steep and hilly incline – How proved – When defence assumes the burden of proving unavoidable accident – When a driver may be deemed not to have shown reasonable skill and care in negotiating a peculiar terrain- not changing gear when the lorry had already gathered speed in its descent – Duty of a prudent man in charge of a machine which could become an instrument of death at the crest of a long, steep and winding hill the dangerous nature of which he was aware – Claim that both handbrake and other brake system failed without showing interconnectedness of both – Need for defendant asserting unavoidable accident to show that he took the precautions of a reasonable prudent man responsible for the safety of several passengers, and that mechanical defect alleged were indeed factual | |
| FLINT V. LOVELL. – CWL |
MOTOR TRAFFIC AND TRANSPORT LAW:- Motor vehicle related accident – Establishment of negligence against driver – Relevant considerations |
| TRANSPORTATION LAW –CONTRACT OF CARRIAGE OF GOODS:- Bailment of goods – Liability for goods | |
| GBADEYANKA V. OSHINJIRI |
MOTOR TRAFFIC AND TRANSPORT LAW:- Negligence-Driving of motor vehicle – Vehicle driven by a relief to owner’s driver for the purposes of owner-Liability of owner. |
| MOTOR VEHICLE AND TRANSPORT LAW: – Motor vehicle and road accident – Fatal accidents – Relevant considerations | |
| IGBOZOR V. EFFIONG AND ORS |
TRANSPORTATION AND INFRASTRUCTURE LAW:- Boat transportation business – Associations and unions associated therewith – Right of operators to conduct business, determine schedule and rates and join or refrain from joining any association/union – Constitutional basis – How enforced |
| MOTOR TRAFFIC AND TRANSPORT LAW:-Negligence – Motor Vehicle – Highway-Collision with Pedestrian – Whether person in Charge of vehicle not guilty of negligence – How determined – Whether pedestrian can recover – Onus on to show that the Defendant had committed a breach of the duty of care owed to pedestrians – On whom lies | |
| INCAR (NIGERIA) LTD V. ELIAS BUS TRANSPORT LTD |
MOTOR VEHICLE:- Hire Purchase of – Damages for breach of contract – Non-Payment of two instalments Goods resold by owners – No repudiation of contract by hirer-Measure of damages |
| THE YORKSHIRE INSURANCE CO. LTD V. S HAWAY | |
| JIBOSU V. KUTI |
TRANSPORT LAW AND MOTOR VEHICLE:- Negligence – Res ipsa loquitur – Highway-Omnibus-Accident due to tyre burst-Plea of inevitable accident-Duty of owners of vehicle. |
| TRANSPORT LAW AND MOTOR VEHICLE:- Highway parking rules – Significance in judicial proceedings – Driver shot dead by police officer – Allegation of wrongful parking and fighting with police – How treated | |
| JOHN NWAFOR AND ANOTHER V. NWAMUO NDUKA AND ANOTHER |
TRANSPORT LAW AND MOTOR VEHICLE:- Legislation (former Eastern Nigeria) – Fatal Accidents Law (c. 52), s. 7 – How treated |
| TRANSPORTATION AND LAW:- Highway public transportation business and menace of armed robbery attacks – How proved | |
| JULIUS BERGER NIGERIA PLC & ANOR V. MRS. DOLAPO OGUNDEHIN |
MOTOR VEHICLE/TRANSPORTATION LAW: – Motor vehicle accident occasioning bodily injury and deaths – Plea of negligence – Breach of duty and vicarious liability – Claim based thereon |
| TRANSPORT AND MOTOR VEHICLE LAW: – Motor vehicle road Accident – Determination of fault – Tortuous liability – Proof of negligence – Insurer’s liability – Validity of driver’s licence – Legal implications – Relevant considerations | |
| KAURA V. IKEAWUJO |
|
| MOTOR VEHICLE/TRANSPORT LAW: – Motor vehicle accident – Recovery of damages arising therefrom – Whether reduced earnings from changed employment circumstances subsequent to the accident is recoverable – Relevant considerations | |
| KUTI V. BALOGUN |
TRANSPORT AND MOTOR VEHICLE LAW:- Negligent driving occasioning harm to property – Liability of owner of vehicle – Where vehicle driven by third party – Whether there is need to prove third party is the servant or agent |
| TRANSPORT AND MOTOR VEHICLE LAW:- Contracts and warranties for sale and use of Vehicle accessories – Defective trailer coupling supplied by garage to vehicle owner for use with trailer –Continued use of coupling by owner after he ought to have known of defective condition – Defective coupling causing trailer to break loose from vehicle and cause damage to another vehicle resulting in death and injury to occupants – Whether continued use of defective coupling by owner in contemplation of parties at time of sale – How treated | |
| LAURIE V. RAGLAN BUILDING CO LTD |
MOTOR VEHICLE AND TRAFFIC LAW: – Motor Vehicle accident on highway occasioning death of deceased person – Presumption of negligence – Nature of terrain and season of the year (snow-fall) – Speed, Skid of lorry and Vehicle projecting over pavement after accident – how treated |
|
LEE V. KNAPP |
TRANSPORT LAW AND MOTOR VEHICLE:- Road Traffic – Accident – Duty to “stop” – Duty to give name and address – Whether personal obligation – Driver required to remain at scene of accident for reasonable time – Whether duty may be discharged by agent – Road Traffic Act, 1960 (8 AND 9 Eliz. 2, c. 16), s. 77 (1). |
| MAIWAKE V. GASSAU |
|
| TRANSPORTATION AND MOTOR VEHICLE LAW:- Motor accident on highway owing to brake failure of lorry – Negligence – Inevitable accident – Onus to prove same – Relevant considerations | |
| MERLIN AND ANOTHER V. BRITISH NUCLEAR FUELS PLC |
TRANSPORT AND INFRASTRUCTURE LAW – NUCLEAR FACILITY:- Diminution of value of properties within its vicinity due to ingress of alleged nuclear pollution to the property thereby threatening the health and safety of occupants – Liability of nuclear plant operators thereof – Whether mere presence of radioactive contamination in the plaintiffs’ house was not enough to constitute damage amounting to a breach of the defendants’ duty |
| TRANSPORT AND MOTOR VEHICLE: Motor Vehicle accident – how liability and fault is determined | |
| MRS. CHRISTIANA CHISA TAFRI & ANOR V. EXECUTIVE GOVERNOR OF RIVERS STATE & ANOR |
TRANSPORT AND MOTOR VEHICLE LAW: – Fatal motor accident involving the Convoy of the Governor of a State occasioning the death of a pedestrian road user – Where negligence is alleged – Standard of proof – Where no eye witness was presented by claimants – Whether documentary exchanges between would suffice as admission of guilt – When the doctrine of res ipsa loquitor is deemed to apply – Duty of Claimants to prove the circumstances, the nature and extent of the accident TRANPORT AND MOTOR VEHICLE LAW:- Road traffic accident – Duty of claimant to prove res ipsa loquitor – Relevance of road design and road regulation in proving case – Roads/bridge without pedestrian walkway – Whether raises presumption that deceased was not supposed to be on the bridge which needs to be rebutted – In civil cases – Whether the burden of proving a particular fact is upon the party who asserts it and who will fail if no evidence is called upon the issue, regard being had to the presumption which may arise from the pleadings |
|
NATIONAL EMPLOYERS MUTUAL GENERAL INSURANCE ASSOCIATION LTD V. MARTINS |
|
| NKWEKE AND ANOTHER . V. NIGERIAN AGIP OIL CO. LTD. |
|
| TRANPORT AND MOTOR VEHICLE LAW:- Fatal Motor Accident – Proof of negligence under the Fatal Accidents Law – Assessment of damages arising therefrom – Relevant considerations | |
| NWANKWERE V. ADEWUNMI |
|
| TRANPORT AND MOTOR VEHICLE LAW:- Fatal accident involving omnibus and cyclist – Where negligence is alleged and contributory negligence alleged against deceased person – Burden of proof showing contributory negligence – Relevant technical and other considerations | |
| ODUBANJO V. NEW INDIA ASSURANCE COMPANY LTD |
TRANPORT AND MOTOR VEHICLE LAW:- Negligence-Motor Vehicle – Accident-Insurance Co. alone sued as Defendant – No disclosure as to person insured or as to who drove vehicle negligently – Whether action maintainable Motor Vehicles (Third Party Insurance Act Acp. 126 SS 10 & I1;Third Parties (Rights against Insurances) Act, 1930. |
| OGUNFOWORA V. WILLIAMS |
TRANPORT AND MOTOR VEHICLE LAW: – Negligence -Motor accident – Cause of accident – Conflicting evidence -Resolved in favour of defendant -Res ipsa loquitur inapplicable. |
| TRANSPORT INFRASTRUCTURE AND LAW:- Guyana – Protection of fundamental rights – Proposed construction of new road by government – Landowner’s notice of motion claiming injunction restraining road building until adequate compensation paid – Whether originating motion proper procedure – Whether jurisdiction in High Court to grant redress -Guyana Independence Order 1966 (S.I. 1966 No. 575), Sch. 2 (Constitution of Guyana), arts. 8, 19 – How treated | |
| THE HONDA PLACE LTD. V. GLOBE MOTOR HOLDINGS NIG LTD |
TRANSPORT AND MOTOR VEHICLE LAW: Motor vehicle sub-dealership agreement |
|
THE SHELL PETROLEUM DEV. CO. OF NIG. LTD V. CHIEF MARK EJEBU & ANOR |
TRANSPORT AND INFRASTRUCTURE LAW: – Road construction and provision of social infrastructure by big oil in host communities – Damage to key environmental and natural resources – Blockage of lake – How treated |
| TRIANA LIMITED V. . POLYMAKERS LIMITED |
TRANSPORT AND INFRASTRUCTURE:- Logistics and haulage of imported goods – Clearing agent – Liability for shortage of consignment after clearing from port – On whom lies – How determined |
| TRANSPORT AND INFRASTRUCTURE LAW – DAMAGES FOR NEGLIGENT DRIVING:- Motor Vehicle and Road Traffic Accident – Presumption that every user of the public highway is entitled to assume that in the normal course of events, other like users of the public highway will obey the law and to have regard for the lives and safety of other users – Careful, reasonable, and law abiding user of the public highway who successfully avoids collision with a negligent or reckless user on the public highway, but still suffers damage from a collision with another object – Whether can successfully claim damages for the negligence or recklessness of the other road user
TRANSPORT AND MOTOR VEHICLE LAW – DAMAGES FOR NEGLIGENT DRIVING:- Motor Vehicle Accident – How proved – Assessment of quantum of damages – When special damages for repairs of vehicle would be proper – Wholly damaged vehicle – Whether the only reasonable and permissible compensation is its pre-accident value less the value of the scrap |
|
| URHOBO V. TARKA |
|
| TRANSPORT LAW AND MOTOR VEHICLE LAW: Negligent driving – Damage to vehicle – Liability of driver to owner of car- Relevant considerations | |
| WILLIAMS V. DINA |
TRANSPORT AND MOTOR VEHICLE LAW:- Collision in Federal Territory of Lagos – Summons filed in Ikeja in the Western Region – Whether Magistrate has jurisdiction to hear case |
| TRANSPORTATION AND MOTOR-VEHICLE LAW:- Employer providing transport to take employees to and from work — Accident to workman while attempting to board vehicle after close of day’s work — Nature of duty, if any owed by employer who provides after work transportation of any sort – Safe system – Meaning and relevance | |
| ZACCHUS ODUNSI V. INSPECTOR-GENERAL OF POLICE |
TRANSPORT AND MOTOR VEHICLE LAW:- Traffic offences – How proved – Third party insurance certificate – Whether an offence for a driver not to have same on his person at all time – How treated |
JUDGMENTS OF NIGERIAN COURTS |
|
| By Substantive Areas | |
