TORTS AND PERSONAL INJURY LAW CASES/JUDGMENT – 2
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 |
| BAMIDELE AND ANOTHER V. ADEYEMI AND OTHERS | TORT AND PERSONAL INJURIES LAW:- Fatal motor accident occasioning death – Claim for compensation by dependants of deceased person – Negligence – Need to prove liability arising from negligence |
| BANK OF CREDIT AND COMMERCE INTERNATIONAL (OVERSEAS) LTD AND ANOTHER V. AKINDELE | TORT:- Trusts – Constructive trust – Dishonesty – Receipt of funds by defendant under artificial agreement with bank – Bank’s employees in fraudulent breach of duty – Defendant not acting dishonestly – Whether defendant liable to bank’s liquidators for knowing assistance or knowing receipt |
| BANK OF THE NORTH LTD. V. AKINTOYE | TORT AND PERSONAL INJURY:– Defamation and advertisements – Whether various advertisements to sell mortgaged property by auction amounted to defamation of the mortgagor’s character |
| BEKS KIMSE NIGERIA LIMITED V. MR. EBIOTU AFRICA & ANOR | TORT AND PERSONAL INJURIES – JOINT TORT FEASORS:- Liability for tort covered by servant-master relationship – Whether discretion of plaintiff to elect the party or parties to proceed against is limited – Relevant considerations thereto |
| BELLO ADELEKE V. BENJAMIN ADEWUSI | TORT AND PERSONAL INJURY LAW:- Whether claim for injunction against trespass can issue against a tenant – Appropriate remedy thereof |
| BELLO BARAU V. INFLUENCE CHABA | TORT AND PERSONAL INJURY LAW:- Malicious prosecution – Meaning of – Ingredients of – “reason and probable cause” – Meaning
TORT AND PERSONAL INJURY LAW:- Tort of false imprisonment – Ingredients of |
| BELLO V. PATEGI |
TORT AND PERSONAL INJURY – TORT:- Measure of damages in an action for negligence – Whether founded on the principle of restitutio in integrum – Legal implications TORT AND PERSONAL INJURY – TORT:- Proof and measure of damages in tort – Proof of personal injury – When necessary |
| BELLO V. A.G. OYO STATE | |
| BENJAMIN OBASUYI V. BUSINESS VENTURES LTD. | TORT AND PERSONAL INJURY – TORT:– Negligence – Loss suffered due to negligence – Duty of plaintiff to mitigate loss – Burden on defendant to show plaintiff’s failure to mitigate loss |
| BENSON AND ANOTHER V. ASHIRU | TORT AND PERSONAL INJURY LAW:- Fatal accidents – Competency of action – Plaintiff suing as husband of deceased – Failure to prove marriage fatal to the action – Damages – Need to explain law assessed |
| BENSON IKOKU V. ENOCH OLI | TORT AND PERSONAL INJURY – MALICIOUS PROSECUTION – Pleadings – Allegation that charge was false but not that it was false to the knowledge or belief of defendant – Whether allegation of crime made |
| BENSON V. OTUBOR | TORT AND PERSONAL INJURY LAW:- Negligence – Master/Servant – Driver causing plaintiff damage by negligent driving – Master accepting liability, later denying knowledge of driver – Effect. |
| BONIFACE ANYIKA AND CO. (Nig.) LTD. V. UZOR |
TORT AND PERSONAL INJURY – CONVERSION:- Conversion as a tort- Meaning of. TORT AND PERSONAL INJURY – CONVERSION:- Tort of conversion – Basis of – Ingredients of – Onus on plaintiff. |
| BONSOR V. MUSICIANS’ UNION | TORT AND PERSONAL INJURY – LIABILITY OF A TRADE UNION:- Whether an injunction grounded in tort could proceed against a trade union in favour of a non-member |
| BOSINDE AYUYA & ORS. V. CHIEF NAGHAN YONRIN & ORS. | |
| BOURHILL V. YOUNG | TORT AND PERSONAL INJURY LAW:- Reparation – Negligence – Remoteness of damage – Collision between motor vehicles – Nervous shock caused by noise of collision – Person affected outside area of potential danger – Reasonable fear of personal bodily injury – How treated |
| BRADBURY V. COOPER | TORT AND PERSONAL INJURY – DEFAMATION:- Slander – Particulars of Persons to whom Slander was uttered – Relevant considerations |
| BRUCE V. ODHAMS PRESS, LTD. | TORT AND PERSONAL INJURIES LAW:- Defamation – Libel – Where no specific reference to plaintiff is made – Particulars of allegation that certain words referred to plaintiff – Effect |
| BULLOCK V. THE LONDON GENERAL OMNIBUS COMPANY AND OTHERS | TORT AND PERSONAL INJURY: Action in Tort – Allegation of Joint Tort – Alternative Allegation of separate Torts – Relevant consideration |
| C. F. A. O. V. IKPEAZU |
TORT AND PERSONAL INJURY LAW:– Master and servant – Vicarious liability – Determinant of liability of master for act of servant TORT AND PERSONAL INJURY LAW:– Master and servant- Vicarous liability – Master expressly prohibiting tortious act – Whether master can be vicariously liable TORT AND PERSONAL INJURY LAW:– Master and servant – Vicarious liability – Where plaintiff establishes that the vehicle at the time of the accident belonged to the master – Presumption raised. TORT AND PERSONAL INJURY LAW:- Muster and servant – Vicarious liability – Whether servant acting in course o f employment – On whom onus of proof lies – How discharged |
| C.C.B. (NIG.) LTD. V. ODOGWU | TORT AND PERSONAL INJURY – MALICIOUS PROSECUTION LAW:‑ Action therefor ‑ What plaintiff must prove
TORT AND PERSONAL INJURY LAW:– Malicious prosecution ‑ Malice as an essential ingredient thereof ‑ What constitutes malice TORT AND PERSONAL INJURY LAW:– Malicious prosecution ‑ Making report of loss to judicial officer without making any specific charge against anyone ‑ Whether constitutes setting the law in motion |
| C.O.P. V. IGWE | TORT AND PERSONAL INJURY:- When a Police officer is deemed to be a trespasser even in the line of duty – Relevant considerations |
| CADBURY NIGERIA PLC V. R. BENKAY NIGERIA LIMITED | TORT AND PERSONAL INJURIES LAW:- Detention of vehicle pursuant to a contract of logistic services for failure to deliver goods as charged – Whether lorry operator entitled to damages after Mareva Order is discharged |
| CADBURY-SCHWEPPES PTY. LTD. AND OTHERS V. PUB SQUASH CO. PTY. LTD | TORT AND PERSONAL INJURY – PASSING OFF: Passing off – Descriptive material – Imitation of advertising campaign for and get-up of goods – Slogans and themes made familiar to market in radio and television advertising campaign – Whether plaintiff acquiring an intangible property right in advertised descriptions – Test to be applied |
| CHIEF EMMANUEL OGUNBADEJO V. OTUNBA A.L.A OWOYEMI | TORT AND PERSONAL INJURY – LIBEL:- Action – Burden of proof – Onus on plaintiff – Proof of actual defamatory words – When plaintiff may discharge same by secondary evidence |
| CHIEF F.M. IKOMI V. C. E. COLE | TORT AND PERSONAL INJURY:- Trespass – Damage to temporary buildings – Defence to liability – Volenti non fit injuria – Plaintiff aware that building must by all means be demolished – Whether damages recoverable |
| CHIEF NELSON ANAMALI V. NENE IJIRIGHO | TORT AND PERSONAL INJURY:– Fatal Accidents – Assessment of damages – Whether means of deceased should be taken into account – Position of widow of deceased – Competence of suit by dependants without proving non-existence of personal representatives – Burden of proof to show there are no personal representatives – On whom lies – Fatal Accidents Acts, 18461900, Act of 1864, s.1. in review |
| CHIEF OBAFEMI AWOLOWO V. KINGSWAY STORES (NIG.) LTD. AND ANOR | TORT AND PERSONAL INJURY:– Libel and Slander – Whether distributors of books containing defamatory matter published by third party are liable – Defence of innocent dissemination – How discharged |
| CHIEF R. A. OKOYA & ORS V. S. SANTILLI & ORS | |
| CHIEF TITUS ANAMASONYE ONWUGBELU V. MR. EJIOFOR EZEBUO & ORS | TORT AND PERSONAL INJURIES – TRESPASS:– How proved – Rule that wrongful possession of customary law no matter how long is still a trespass and cannot give rise to a prescriptive title – Situations where a loss, though the actual and unexpected result of a trespass, is incapable of exact quantification – Whether general damages can be claimed, and if claimed, awarded – Basis – Rule that it will be unjust not to compensate a victim of such loss with general damages merely because the value of the loss is incapable of exact quantification |
| CHRISTOPHER UDECHUKWU V. ISAAC OKWUKA | TORT AND PERSONAL INJURY:– Detinue – Proof of – Applicable principles |
| D & L CATERERS LTD AND JACKSON V. D’ANJOU |
TORTS AND PERSONAL INJURY:- Defamation – Libel and Slander – Defamatory statements relating to company’s business – Limited liability company – Whether slander of company actionable without proof of actual damage TORTS AND PERSONAL INJURY:- Defamation – Slander – Rule that oral defamation is not actionable without proof of special damage – Cases in which the law implies damage – Oral defamation in respect of a man’s business – Whether company is entitled to an action just as much as a private individual thereto |
| DALUMO V. THE SKETCH PUBLISHING CO. LTD. | TORTS AND PERSONAL INJURY LAW:- Defamation – Libel – Publication in daily newspaper – Whether words not specifically naming plaintiff refer to him – Correct test – Publication about top officials of Nigeria Airways Corporation” – Wrongly held not to refer to Secretary of Nigeria Airways |
| DANIEL ESIKA AND ORS V. GODWIN MEDOLU | |
| DANTATA & SAWOE CONSTRUCTION COMPANY LIMITED V. EGBE | |
| DAVID INNEH V. IGUMA ARUEGBON | TORT AND PERSONAL INJURY LAW:- Malicious Prosecution – Defendant making a charge groundless to his knowledge – Relevant considerations |
| DENTON V. ABEJE | TORTS AND PERSONAL INJURY LAW:- Motor car collision – Defendant’s vehicle jumping queue at bridge – Collision with vehicle on opposite side of road – First defendant joining insurance company by third party notice – Plaintiff’s insurance company paying money in lieu of repairs – Particulars of loss of use of car falsifying figure given – Reason for hire of taxi for use and receipts for money paid not tendered by plaintiff -Percentage of depreciation of car arrived at by court Medical evidence not called to support claim for pain and suffering – Effect |
| DIAMOND BANK LTD. V. PARTNERSHIP INVESTMENT CO. LTD & ANOR | TORT AND PERSONAL INJURY LAW- NEGLIGENCE:- Nature of negligence – How proved |
| DIN V. AFRICAN NEWSPAPERS OF NIGERIA LTD | TORT AND PERSONAL INJURY LAW:- Libel – Defence of fair comment and justification under s. 9 of Defamation Act, 1961 – When would avail – Defence of Privilege When available – Section 9 (1) & (2), Defamation Act, 1961 and paragraph 14 of Part 3 of Schedule thereto n review |
| DINGLE V. ASSOCIATED NEWSPAPERS LTD AND OTHERS | TORTS AND PERSONAL INJURY – DEFAMATION: Libel – Meaning and essential ingredients – relevant considerations for award of damages for libel – Mitigation of damages – Defences to libel – Relevant considerations in setting up a successful defence based privilege – Whether the defence of privilege attaches to form or occasion but not to substance |
| DR. BENJAMIN OHIAERI V. ALHAJI B. I. YUSSUF & ORS | |
| DR. DARU & ORS V. BARRISTER IBRAHIM AMINU UMAR | TORT AND PERSONAL INJURY LAW – MEDICAL NEGLIGENCE:- Claim for declaration of wrongful death arising from medical negligence and award of damages for loss of consortium – Husband of deceased woman who died during surgical pregnancy in a public health facility – Curt with jurisdiction to hear same – Relevant considerations |
| DR. OLADIPO KAJA V. ALHAJI SALAWU OKE |
TORT AND PERSONAL INJURY LAW – AWARD OF DAMAGES:- Two main factor taken into consideration in assessing damages in cases of liability for financial loss resulting from injury and personal injury, involving not only pain and suffering, but also the loss of the pleasures of life – Difficulty of qualification of the loss whether financial or personal – Need for court to proceed with the underlying assumption that damages are compensation for injury sustained and are not meant to be punitive – Duty to satisfy the requirement that damages are meant to be full and adequate – Relevant considerations TORT AND PERSONAL INJURY – NEGLIGENCE – AWARD OF DAMAGES:- Duty of plaintiff to produce legally acceptable evidence to establish his entitlement for quantum of damages claimed – Effect of failure thereto |
| DR. OSWALD VANDERPUYE | |
| E. B. OYEDIRAN AND OTHERS V. D.A. ODEPEGBA | TORT AND PERSONAL INJURY LAW:- Negligence – Vehicle in stationary position on proper side of road – Another vehicle from opposite direction crashing into it for no reason – Inference of negligence – Application of the maxim ‘res ipsa loquitur’ |
| EKINE EZE AND OTHERS | TORT AND PERSONAL INJURY:- Liability for tort – Joint and several liability |
| EKWEZE V. ENWELUM | TORT – TRESPASS:- Onus of proof and standard of evidence required to establish it |
| ELEBUTE V. ODEKILEKUN | TORT –TRESPASS:- Trespass to land – Effect of bad procedure adopted by judge on a successful claim |
| ELI OYAH & ANOR V. VINCENT W.O. IKALILE & ORS | TORT – TRESPASS:- Who can maintain an action in trespass |
| ELOICHIN (NIGERIA) LTD AND 2 OTHERS V. VICTOR NGOZI MBADIWE | TORT AND PERSONAL INJURY:- Trespass – Unlawful entry on demised premises and forcible removal of occupants property liability |
| EMEZUE V. OKOLO AND OTHERS | TORT AND PERSONAL INJURY:- Unlawful detention – Claim for damages – Party arrested for offence of affray – Detention at police station for 24 hours – Propriety |
| ENANG AND OTHERS. V. ADU AND OTHERS. | TORT AND PERSONAL INJURY – TRESPASS:- Denial of title of landlords by defendant – Whether by itself an act constituting trespass to land for which damages can be awarded |
| ERINMWIONGHAE V. CHUKWUDEBELU |
TORT AND PERSONAL INJURY – FATAL ACCIDENTS: – Negligence – Contributory negligence – Ingredients – Effect of successful plea of same – Fatal Accidents Law, 1956 of Western Nigeria TORT AND PERSONAL INJURY – FATAL ACCIDENTS:- Damages – How assessed – Duty of court in respect of |
| EVANS V. BAKARE | TORT AND PERSONAL INJURY:- Contributory negligence – Claim for damages for personal injuries – Res ipsa loquitur – Application – When will be erroneous |
| EZEANI V. EJIDIKE | TORT AND PERSONAL INJURIES LAW:- Conversion – Tenant upon notice demolishing the house he had built – Landlords taking the materials – No conversion – Conversion |
| EZENNAH V. ATTA |
TORT – BREACH OF AGREEMENT TO MARRY:- Burden of proof of the existence of the agreement to marry – On whom lies – Elements necessary to constitute a breach of agreement or promise of marriage – What party jilted must prove to the satisfaction of the court TORT – BREACH OF AGREEMENT TO MARRY:- Need to show that there was in fact a promise of marriage under the Matrimonial Causes Act, 1990, or under Islamic Law or under Customary Law – Need to show that secondly, the party reneging has really, and as a matter of fact, failed or refused to keep to the agreement of marriage. TORT – BREACH OF AGREEMENT TO MARRY:- Intention – Proof of – Whether a mere convivial or romantic relationship without more is enough for a court to found an agreement to marry – Absence of written agreement – Whether fatal – Relevant considerations |
| EZOMO V. OYAKHIRE | Tort – Defamation – Slander – Publication – Failure to specifically plead witness’s name among names of those to whom publication allegedly made – Appropriate question not one of admissibility but of credibility. |
| F.R.A. WILLIAMS V. DAILY TIMES OF NIGERIA LTD. | Tort – Libel -Award of – Guiding principles – Defence – privilege – Whether publication of writ of summons not yet filed in court will amount to defence. |
| FALOYE V. OLANIYAN | TORT AND PERSONAL INJURY:- Fatal Accidents Act, 1846, section 4 – Claim of damages by dependants – How treated
TORT AND PERSONAL INJURY LAW:- Negligence – Defence of inevitable accident – Onus on defendant – relevant considerations |
| FAMUYIWA V. FOLAWIYO AND OTHERS. | TORT AND PERSONAL INJURY:- Negligence – Damages for negligence – S.26 Workmen Compensation Act – Bar to claim |
| FARID KHAWAN V. COMPTROLLER OF CUSTOMS |
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JUDGMENTS OF NIGERIAN COURTS |
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| By Substantive Areas | |
