TORTS AND PERSONAL INJURY LAW CASES/JUDGMENT
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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COVERAGE AREAS: Animal Based Tort – Toxic Tort – Medical Torts – Industrial Injuries – Mass Tort – Defamation [Libel/Slander] – Defective Drugs & Pharmaceuticals – Wrongful Death – Birth Injury – Workplace Safety – Product Liability – Food & Beverages
| TITLE | MAIN ISSUES |
| A.C.B. LTD V. YESUFU | TORT AND PERSONAL INJURY LAW:- Negligence – Duty of Banker to give notice of dishonour of a bill (letter of credit) – Ss. 2 and 3 of Bills of Exchange Act Cap. 21 19S8, Laws of the Federation of Nigeria in review |
| A.H. BULL AND COMPANY V. WEST AFRICAN SHIPPING AGENCY AND LIGHTERAGE COMPANY | TORT AND PERSONAL INJURY LAW:- Negligence – Bailment – Hire of Lighter – Negligence of Owners’ Lightermen – Loss of Lighter – Lightermen under Control of Hirers – Liability of Hirers |
| ABDULHAMID V. AKAR | TORT AND PERSONAL INJURY: – Detinue – Proper way of addressing the wrong of detinue judicially – When claim and reliefs sought as well as evidenced adduced discloses detinue and other torts primarily but fundamental rights infringement secondarily – Need to initiate suits via writs of summons instead of fundamental rights enforcement procedure – Relevant considerations |
| ABIOLA V. IJOMA | TORT AND PERSONAL INJURY LAW:- Nuisance – Adjoining owners – Noise – Poultry farm – How treated |
| ABOABA V. KALAIWO | TORT AND PERSONAL INJURY LAW:- Nuisance – Claim for possession on ground of Abatement Notice – Requirement that Landlord must prove impossibility of compliance without ejectment of tenant – Balance of Hardship – How treated |
| ABRATH V. THE NORTH EASTERN RAILWAY COMPANY. | TORT AND PERSONAL INJURY LAW – MALICIOUS PROSECUTION:- Reasonable and Probable Cause – Burden of Proof – Direction to Jury |
| ABUSOMWAN V. MERCANTILE BANK OF NIG. LTD. | TORT AND PERSONAL INJURY LAW:- Tortious liability for breach of contract – Possibility of – Whether old view to the contrary now discarded |
| ADEDOYIN V. NIGERIAN NATIONAL PRESS LTD. AND ANOR |
TORT AND PERSONAL INJURY:- Libel and Slander – Innuendo – Pleading – Absence of particulars of extrinsic facts – Good ground for objecting evidence thereof – R.S.C. Order 19 rule 6 (2) TORT AND PERSONAL INJURY:- Libel and Slander – Defences -Justification and fair comment – Proof |
| ADEMOLA ATOYEBI V. WILLIAM ODUDU | |
| ADEYEMI V. BAMIDELE |
TORTS AND PERSONAL INJURIES LAW:- Fatal Accident – Claim for damages by deceased’s wife and children– Ground of Negligence or trespass – Torts Law, cap, 122 (Laws of Western Nigeria) TORTS AND PERSONAL INJURIES LAW:– Competency of plaintiffs – Wives of deceased person under customary law – Marriage, as constituting status – Need to prove same strictly – Children of deceased person – Failure of mothers to prove marital status – Effect on presumption of being considered children of the marriage – Need for status as children born out of wed-lock to be strictly proved – Yoruba customary law – Whether designates a person as a legitimated child if he was born out of wedlock but had his paternity acknowledged by the putative father – How proved |
| ADOKO V. PAL | TORT AND PERSONAL INJURY – DEFAMATION:-Ingredients – Defence of qualified privilege – Communication between medical adviser and client – Whether covered – Whether a plaintiff can succeed in a suit for defamation if he is also shown to have defamed the defendant in a way that lending him the support of the court would amount to abuse of court processes – Relevant considerations |
| AFEAUGBO V. IGWE AND ORS | TORT AND PERSONAL INJURY LAW:- Damages for trespass – Injunction – cross-action – Both suits consolidated. |
| AFRICAN CONTINENTAL BANK LTD. V. A.G. OF N. NIG | TORT AND PERSONAL INJURY LAW:- Negligence – Action against bank for negligence – How treated |
| AFRICAN NEWSPAPERS V. COKER | TORT AND PERSONAL INJURY LAW – LIBEL:- Damages for libel – Rolled up plea – Fair comment and justification – Publication – Malice – How determined |
| AGABA V. OTOBOSIN | TORT AND PERSONAL INJURIES – DAMAGES: Personal Injuries – Assessment of |
| AGBAJE V. JAMES | TORT AND PERSONAL INJURIES LAW – DAMAGES:- Claim for trespass to and missing property occasioned by trespass – Liability under Part 5 of Torts Law of Western Nigeria – Assessment of – Joint tortfeasors – How to assess their rights to contribution as between themselves |
| AGBEYEGBE V. SEISMOGRAPH SERVICES (NIG.) LTD | TORT AND PERSONAL INJURY LAW:- Damage to personal property – Claim for compensation based on agreement between claimant and tortfeasor |
| AGBONMAGBE BANK LIMITED V. G. B. OLLIVANT | TORT AND PERSONAL INJURY LAW – DEFAMATION:- Proof of – Commencement of action – Need to proceed against the right party properly designated |
| AGBONMAGBE BANK LTD V. C.F.A.O. | |
| AGUNWA V. ONUKWUE | TORT AND PERSONAL INJURY LAW – DAMAGES:- Special damage – Claim for value of goods detained – Goods and value of not proved – Judge nevertheless making an estimated guess and awarding damages – Impropriety of |
| AHMED ALHADI V. ABRAHIMA ALLIE | TORT AND PERSONAL INJURY:- Intentional tort – Malicious prosecution-Ingredients to be proved by Plaintiff in order to succeed – Misreception of evidence not fatal if other admissible evidence suffices — Defendant an administrator in an official capacity – Protection afforded by section 6 of the Administration of Estates Ordinance (Cap. 72) considered |
| AINA V. WEST AFRICAN DRUG CO. LTD | TORT & PERSONAL INJURIES LAW: Highway/Motor Vehicle accident – Proof of Negligence – Damages – Determination of general and special damages – When need for corroboration of some claims would be required – Damages for shock and psychological trauma – Relevant considerations |
| AIREDALE N.H.S. TRUST V. BLAND | |
| AJADA V. OLAREWAJU | TORT AND PERSONAL INJURY – TRESPASS TO LAND: -Evidence establishing trespass – Onus – Whether can be inferred from the acts of adverse possession of defendant without permission of plaintiff admitted in evidence |
| AJALA V. ADELAGUN | TORT AND PERSONAL INJURY:– Defamation – Slander – Meaning – Words ordinarily deemed to amount to slander – Imputation of prostitution and being an ex-convict – Whether judicial notice of a common social practice can be taken by court as to reduce same to mere abusive words in the heat of passion – Whether words imputing un-chastity or adultery to girl areactionable without proof of damage
TORT AND PERSONAL INJURY – DEFAMATION:- Slander – How proved – Whether essential that the actual words and not merely their substance should be set forth verbatim in the statement of claim or indictment – Whether proof of language substantially the same as that pleaded is admissible |
| AJAO V. ASHIRU | TORT AND PERSONAL INJURY LAW:- Unlawful seizure of plaintiffs – Pepper Mill at Ibadan – Claim for damages for trespass |
| AJIBADE V. MAYOWA AND ANOTHER | TORT AND PERSONAL INJURY LAW:- Negligence – Damages for negligent driving – Appellant’s wife killed – Joint claim against 1st and 2nd respondents – 2nd respondent’s liability not denied – 2nd respondent not employee of 1st respondent |
| AJUFO V. AJARBOR AND OTHERS. | TORT AND PERSONAL INJURY LAW:- Negligence – Injuries arising from negligent act – Liability for – How determined |
| AKILU V. FAWEHINMI | TORT AND PERSONAL INJURY LAW:- Libel – How determined |
| AKINTOLA V. ANYIAM | TORT AND PERSONAL INJURY LAW:- Defamation – Meaning thereof – Whether defence of mistake or absence of malicious intention can avail defendant – How to set up an effective defence of accord and satisfaction – Whether publication of an apology discharges the plaintiff’s right of action for defamation |
| AKOMOLAFE V. GUARDIAN PRESS LTD. (PRINTERS) | TORT AND PERSONAL INJURY LAW – DEFAMATION:- Defamatory action – Defence thereto – When none will avail the press.
TORT AND PERSONAL INJURY LAW – DEFAMATION:- Defamatory statement – Onus of proof of – On whom lies TORT AND PERSONAL INJURY LAW – DEFAMATION:- Libel- Defence of fair comment – When will avail a defendant – When it will not |
| ALAN FEMI LANA V. THE UNIVERSITY OF IBADAN |
TORT AND PERSONAL INJURY LAW:- Libel – Defamatory words – Whether must be false and malicious – Consideration of falsity – Effect on addressee TORT AND PERSONAL INJURY LAW:- Libel – Defence of qualified privilege – Duty of defendant |
| ALAWIYE V. OGUNSANYA | TORT AND PERSONAL INJURY LAW – DEFAMATION:– Defamation – need for plaintiff to state actual defamatory words uttered or published.
TORT AND PERSONAL INJURY LAW – DEFAMATION:– Ingredients of defamation – onus on plaintiff to prove same TORT AND PERSONAL INJURY LAW – DEFAMATION:– Libel – Where defendant denies making defamatory publication – Need for court to rely on circumstantial evidence |
| ALAWODE V. SEMOH | TORT AND PERSONAL INJURIES:- Action under the Fatal Accidents Act, 1846 – Claim of damages for loss suffered through the death of a bread winner as a result of the negligence of the defendant’s driver in a motor accident – How treated |
| ALHAJI MURIANA ADESOLA KAREEM V. UNION BANK OF NIGERIA LTD | TORT AND PERSONAL INJURY LAW – NEGLIGENCE:- Banker – When may be liable in negligence to its customer.
TORT AND PERSONAL INJURY LAW – NEGLIGENCE:- Banker – Whether may be liable for negligence to a non-customer |
| ALHAJI OTARU AND SONS LIMITED V. AUDU IDRIS AND OTHERS |
TORT AND PERSONAL INJURY LAW – NEGLIGENCE:- Motor accident cases-Negligence there for- Test for determining same TORT AND PERSONAL INJURY LAW – NEGLIGENCE:- Motor accident cases – Proof of dangerous driving – How done – Fact of dangerous driving – Whether can be inferred TORT AND PERSONAL INJURY LAW – NEGLIGENCE:- Proof of negligence – Burden of – On whom lies- How discharged |
| ALLEN AND OTHERS V. JAMBO HOLDINGS [ | TORT AND PERSONAL INJURIES LAW:- Fatal Accidents – Personal injuries claim – Plaintiff legally aided and unable to give satisfactory undertaking in damages if action failed – Whether Mareva injunction able to be granted in personal injuries action – Whether injunction should be granted regardless of plaintiff’s inability to give undertaking as to damages |
| AMALGAMATED PRESS V. ALLEN |
TORT AND PERSONAL INJURY LAW – DEFAMATION:- Libel – distinction between content/article capable of defamatory meaning and article bearing defamatory meaning alleged – How proved TORT AND PERSONAL INJURY – DEFAMATION – LIBEL:- Assessment of dDamages – What to take into consideration – Conduct of Defendant – Effect |
| AMALGAMATED PRESS V. OKOTIE-EBOH | TORT AND PERSONAL INJURY – DEFAMATION – LIBEL:- Onus of proof – On whom lies – How discharged |
| AMANAMBU V. ULASI | TORT AND PERSONAL INJURIES – FATAL ACCIDENT LAW:- Accident which occurred in northern Nigeria – Whether action can be brought under the Fatal Accident Law of Eastern Nigeria – Relevant considerations |
| AMANKRA V. ZANKLEY | TORT AND PERSONAL INJURY – TRESSPAS – DAMAGES:- How treated |
| AMAYO V. ERINMWINGBOVO | TORT AND PERSONAL INJURY – TRESPASS:- Proof of – Relevant consideration |
| AMORC (NIG.) V. AWONIYI (CA) | TORT AND PERSONAL INJURY – DEFAMATION:- Defences -Justification – Efficacy of |
| AMOS V. SHELL B.P. PETROLEUM DEVELOPMENT | TORT AND PERSONAL INJURY LAW:– Nuisance – Unlawful damage caused – Blocking of Waterway – Compensation paid – Public Nuisance – Proof of peculiar circumstances or damage suffered – Damages |
| ANYAH V. AFRICAN NEWSPAPERS OF NIGERIA LTD. | TORT AND PERSONAL INJURY – DEFAMATION:- Pleadings – Where defendant pleads justification as defence to libel – Whether defendant bound to prove same first |
| APOSTLE ADEOLU AINA V. DR. OLUSANYA SONUGA | |
| APOSTLE PETER EKWEOZOR & ORS V. THE REGISTERED TRUSTEES OF SAVIOURS APOSTOLIC CHURCH OF NIGERIA | TORT AND PERSONAL INJURY – TRESPASS:- Person in lawful control and possession of property due to membership of an organization which has title over same property – Refusal to yield up control of property after resigning from its membership – When amounts to tort of trespass |
| APPAH V. COSTAIN (W.A.) LTD | TORT AND PERSONAL INJURY:– Negligence – Claims for special and general damages for injuries suffered in accident – Trial judge applying ‘last opportunity test’ – Applicability of test in Nigeria. |
| ASWAN ENGINEERING ESTABLISHMENT CO V. LUPDINE LTD AND ANOTHER | TORT AND PERSONAL INJURY:– Negligence – Tortious Liability – Sale of goods related action – How treated |
| ATTAH V. NNACHO | TORTS AND PERSONAL INJURY:- Trespass – Defendants sued as representing community – Damages |
| ATTE V. C.O.P | TORT AND PERSONAL INJURY:– Tort –Assault – Powers of Magistrate under 5.300 of the Criminal Procedure Law (Cap. 31) of the East Central State |
| ATTORNEY-GENERAL V. AJIBOLA | |
| ATWELL V. MICHAEL PERRY AND CO (A FIRM) AND ANOTHER | TORT AND PERSONAL INJURY:– Negligence – Immunity – Pre-trial deliberations – Advice on prospects of appeal – Counsel instructed to appear at civil trial on behalf of plaintiff – Judgment entered against plaintiff – Counsel advising that no reasonable prospects of appeal – Different counsel instructed on behalf of plaintiff – Counsel advising good grounds for appeal – Appeal successful – Plaintiff bringing action in negligence against first counsel in respect of pre-trial deliberations and advice on prospects of appeal – Whether counsel immune from suit. |
| AWOGBAMI V. ALLEN | TORT AND PERSONAL INJURIES:- Assault – Where rival claims are asserted by both parties – Role and advantage of trial judge to decide the question of credibility and truthfulness |
| AYANKOYA V. OLUKOYA | TORT AND PERSONAL INJURIES:- Vicarious liability – Whether doctrine thereof applicable to contract as it is in tort |
| AYISATU ASABI EWUOSO V. RAUFU ADEOYE FAGBEMI | TORT AND PERSONAL INJURIES:- Tort of passing off – Whether within the jurisdiction of the Federal High Court – Action against defendants personally and as representatives of “all members of the class defined as engaged in the trade or business of selling or offering for sale” products wrongfully posing as those of the plaintiffs |
| AYOTEBI V. ODUDU | TORTS AND PERSONAL INJURY LAW – LIBEL:- Defence of qualified privilege – Essential elements of- When available to a defendant – Malice – Proof of- Plaintiffs duty to file a reply alleging express malice to a defence of fair comment or qualified privilege |
| B.A. LAWAL AND ORS V. MESSRS. A. YOUNAN SONS | TORT AND PERSONAL INJURY– NEGLIGENCE:- Injury causing death – Fatal Accidents Acts, 1846 and 1864 (9 and 10 Vict. c.93; 27 and 28 Yct c.95) – Dependents – Tort law – Western Nigerian 1958 |
| BAKARE V. IBRAHIM | TORT AND PERSONAL INJURIES LAW:- Libel -Allegation of technical malice- No allegation of express malice -Judge looked into this-improper-Practice and Procedure-Pleadings – Parties are bound by pleadings – No extraneous issues should be incorporated |
| BAKARE V. JELKH |
TORT AND PERSONAL INJURIES LAW:-Negligence – Motor vehicle – Damages for negligent driving – Liability – Res ipsa loquitor – Onus on appellant thereto – Where no evidence of latent defect in vehicle adduced – Effect TORT AND PERSONAL INJURIES:- Determination of quantum of damages – Whether not necessary to call doctor to prove medical expenses where doctors receipt available – Mitigation of damages – Whether plaintiff only to act reasonably to reduce damages but not necessarily to take course least advantageous to himself – Assessment of damages for loss of use of car –Relevant considerations |
| BALOGUN V. ALHAJI BUSARI AMUBIKAHUN | TORT AND PERSONAL INJURIES:- Malicious Prosecution – What Plaintiff must show |
| BALOGUN AND ORS V. AKANJI AND ORS |
TORT AND PERSONAL INJURIES: -Trespass to land – Action therein – Basis of – Who can maintain TORT AND PERSONAL INJURIES:- Trespass to land – Claim thereof – Success of – Whether dependent on success of claim for declaration of title to land |
| BALOGUN V. LABIRAN | TORT AND PERSONAL INJURY:– Trespass to land – When a retrial order is appropriate |
| BALOGUN V. NATIONAL BANK OF NIGERIA LTD |
TORT AND PERSONAL INJURY – DEFAMATION:- Slander – When actionable – Whether slander exists as much in spoken words as in gestures or actions. TORT AND PERSONAL INJURY – DEFAMATION:- Libel – Where in addition to an act of dishonour of a cheque, bank makes libellous endorsement on the check – Whether entitle customer to both a claim for damages for breach of contract and a claim for damages for Libel – Whether the endorsement “R/D” or “refer to drawer’ upon a dishonoured cheque is defamatory of a customer |
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JUDGMENTS OF NIGERIAN COURTS |
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