TORTS AND PERSONAL INJURY LAW CASES/JUDGMENT – 3
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 |
| FASORO V. ABDALLAH | TORT AND PERSONAL INJURY:- Volenti non fit injuria – When applicable |
| FEDERAL REPUBLIC OF NIGERIA V. VIJAY LALWANI | TORT AND PERSONAL INJURY LAW – RULE IN SMITH V. SELWYN:- Applicability in Nigeria– Three major modes of application of the rule – Whether in the application of the Rule in Smith V. Selwyn that the criminal prosecution is never struck out, stayed or prevented from proceeding because of a pending civil ligation on the same transaction of the criminal charge – Effects of specific local legislations such as the Tort Law of Anambra State – Whether there is nothing preventing a simultaneous prosecution of a criminal charge along with a civil suit arising from the same transaction in Nigeria and even where such specific local legislations exist, it is the civil matter that awaits the criminal prosecution |
| FIRST BANK OF NIGERIA PLC V. MRS DIBO ABOKO |
TORT AND PERSONAL INJURIES – DEFAMATION:- Libelous publication – Cause of action – Essential element of – Need for words complained against to be published – What constitutes publication necessary to found defamation – Whether there is need refer to the plaintiff by name – Whether spouse is a person to whom publication can be made relevant considerations TORT AND PERSONAL INJURIES – DEFAMATION: – Libel – Award of damage in libel cases – Whether damages need to be proved – How assessed – Relevant factors TORT AND PERSONAL INJURIES – DEFAMATION: – Defences to defamation – Qualified privilege – Whether complete defence to defamation – When it is deemed to apply – Publication in the course of employment – What claimant must show to succeed |
| FLINT V. LOVELL. | TORT AND PERSONAL INJURIES: – Negligence – Motor vehicle occasioning Personal injuries – Damages – Expectation of life – Whether shortening of expectation can be considered in the assessment of damages. |
| FRANCIS A. GBOLADE V. JOSEPH OLADEJO | |
| FRANCIS ADESEGUN KATTO V. CENTRAL BANK OF NIGERIA |
TORT AND PERSONAL INJURY LAW – DEFAMATION:- How proved – Essence of – Onus on plaintiff to prove the elements of the tort – Relevant consideration for grounding a libel – Need to aver publication of defamatory words – Defamation by innuendo – Whether can be grounded by proof of lawful act like termination of appointment in circumstances that brought employee embarrassment, hatred, contempt or ridicule TORT AND PERSONAL INJURIES LAW –DEFAMATION BY INNUENDO:- Whether can be grounded by a letter of termination of employment in writing in strict accordance with the terms of the employment and communicated to the appropriate quarters who ought to be informed of the action taken |
| FRED EGBE V. ALHAJI ABUBAKAR ALHAJI | TORT AND PERSONAL INJURY – DEFAMATION:- Relevant considerations |
| FRED EGBE V. ADEFARASIN | TORT AND PERSONAL INJURY:- Slander – Alleged words – When deemed not actionable as a result of falling outside of category of Slander actionable per se – When time begins to run – Whether not until damages are suffered |
| FREDERICK O. OBASUYI V. LUKE L. EZEIGHU | TORT AND PERSONAL INJURY – DEFAMATION LAW:- Libel – Qualified Privilege – Whether truth or falsity of the publication relevant |
| G. K. F. INVESTMENT NIGERIA LTD. V. NIGERIA TELECOMMUNICATIONS PLC | TORT AND PERSONAL INJURY LAW– DAMAGES:- How awarded; whether special damages must always be supported by receipts; distinction from other damages |
| GBADEYANKA V. OSHINJIRI | TORT AND PERSONAL INJURY:- Negligence -Driving of motor vehicle – Vehicle driven by a relief to owner’s driver for the purposes of owner – Liability of owner |
| GOD BLESS EZENWATA NIGERIA LIMITED V. SUNDAY ODIOKU & ORS | |
| GODWIN MOGHALU V. RODRICK EGWUNGWU UDE | TORT AND PERSONAL INJURY:- Measure of damages in action for negligence – application of the principle of restitutio in intergrum |
| GREGORY CHIDI OJUKWU V. J.S.O. NNORUKA | TORT AND PERSONAL INJURY – PLEA OF JUSTIFICATION IN A CASE OF DEFAMATION:- Effect of defendant’s failure to prove or justify his defence of justification in a case of defamation |
| GUSTAV ADOLPH ABRATH V. THE NORTH EASTERN RAILWAY COMPANY | TORT AND PERSONAL INJURY – MALICIOUS PROSECUTION: – Reasonable and probable Cause – Honest Belief of Prosecutor – Burden of Proof – Corporation – Action for Malicious Prosecution against Corporation. |
| HARBOUR V. ERONINI |
TORT AND PERSONAL INJURIES LAW:- Conspiracy – Denial of exercise of rights of office – Whether sufficient to constitute tort. TORT – Conspiracy – When action lies – Whether damage can be presumed- Proof of actual damage – Whether necessary |
| HARKNESS V. BELL’S ASBESTOS AND ENGINEERING LTD. | TORT AND PERSONAL INJURIES – Limitation of Action – Personal injuries – Extension of time – Application ex parte before writ for extension of time-limit – Wrong order made without jurisdiction by district registrar – Whether irregularity or nullity – Whether application “proceedings” – Whether application made to “court” – “Accidental slip or omission” – Limitation Act, 1963 (c. 47), ss. 1 (1), 2 (1) – R.S.C., (Rev. 1965), Ord. 2, r. 1 (1); Ord. 20, r. 11. |
| HEDLEY BYRNE AND CO. LTD. V. HELLER AND PARTNERS LTD. | TORT AND PERSONAL INJURY:- Negligence – Duty of care – Proof of – Careless misrepresentation – Bankers – References regarding company given by bankers to other bankers at customer’s request – Where communicated to customers inquiring about company’s credit-worthiness – Express disclaimer of responsibility – Whether a special relationship exist to create duty of care – Whether action against bankers maintainable |
| HERNIMAN V. SMITH | TORT AND PERSONAL INJURY LAW:- Malicious Prosecution – Reasonable and probable cause – Where conviction quashed in Court of Criminal Appeal – Effect |
| HEWER V. BRYANT | TORT AND PERSONAL INJURY LAW: – Motor accident occasioning bodily injury to 15 year old boy living and working on farm as trainee away from parents and financially independent on agricultural wages – Negligence – Competency of action brought 3 years after the limitation law had rendered it statute barred – Necessity of proving plaintiff was at all material times an infant who was not in the custody of a parent – Effect of failure thereto |
| HOGAN V. OGUNYEMI | TORT AND PERSONAL INJURY LAW –NEGLIGENCE:- Duty of care – How proved – Liability for damages – Occupier’s liability for control of domestic water system – When qualified |
| HUTCHINSON V. HARRIS |
TORT AND PERSONAL INJURY LAW: –Professional negligence – Quantum of damages |
| IBEANU V. OGBEIDE | TORT AND PERSONAL INJURY LAW: –Negligence – Motor accident cases – Driver of a vehicle on the highway – Duty of care he owes to other road users –
TORT AND PERSONAL INJURY LAW: –Negligence – Res ipsa loquitur – When applicable – Onus on defendant where pleaded – How discharged – Whether appropriate to plead same where the cause of accident was known |
| IBEGBU V. LAGOS CITY COUNCIL CARETAKER COMMITTEE | TORT AND PERSONAL INJURY LAW:- Negligence – Negligent driving causing injury and loss to person and property – Liability thereto – Vicarious liability of master – How determined |
| IBOLUKWU V. ONOHARIGHO | TORT AND PERSONAL INJURY LAW: – Fatal Accidents – Damages – Assessment of lump sum- Relevant considerations – Allocation to husband and children of deceased wife – Care of infants’ shares – How treated |
| IHENACHO V. UZOCHUKWU |
TORT AND PERSONAL INJURY LAW: – Conversion – Meaning of – Nature of – How proved TORT AND PERSONAL INJURY LAW:- Detinue – Conversion – Privity of contract – Whether privity of contract required for action thereon TORT AND PERSONAL INJURY LAW: – Dentinue – Nature of. |
| IKEDIFE V. OBIENU | TORT AND PERSONAL INJURY LAW:- Question of plaintiff’s liability in an action of maintenance as intermeddler – Relevant considerations |
| IKONNE V. COP | TORT AND PERSONAL INJURY LAW: –Trespass to person – Improper arrest – Liability of tortfeasor. |
| ILARI V. OBEMBE | TORT AND PERSONAL INJURY LAW: –Negligence – Motor Vehicle – Highway – collision with Pedestrian – Where person in Charge of vehicle not guilty of negligence -Whether pedestrian entitled to damages -Whether onus on Pedestrian to show that the Defendant had committed a breach of the duty of care owed to pedestrians |
| ILOABACHIE V. ILOABACHIE |
TORT AND PERSONAL INJURY – DEFAMATION: – Meaning – ingredients – Defences – Privilege – Where raised by defendant – how proved – Onus on plaintiff to file reply thereto TORT AND PERSONAL INJURY – DEFAMATION: – Defences to an action for defamation – Privilege, Qualified privilege and Justification – Meanings and elements thereof – How established |
| IMAM V. BORNU NATIVE ADMINISTRATION | TORT AND PERSONAL INJURY LAW: – False Imprisonment – Conviction in Native Court quashed on review and trial de novo ordered – Accused thereupon sent back to prison – Communication of order to Head of Native Authority – Whether communication to Head Warder of Native Authority |
| IMORU V. KADIRI |
TORT AND PERSONAL INJURY:- Claim for general damages by father for the seduction of daughter in consequence of which he lost the services of the daughter due to pregnancy and child bearing and has been put to expenses and inconvenience – What plaintiff needs to prove – Paternity of child in dispute – Liability of defendant in damages where he is shown to be father of child regardless of proven promiscuity of said daughter– Need to prove same strictly TORT AND PERSONAL INJURY LAW: – Assessment of quantum of damages –Effect of Father condoning sexual activity between defendant and daughter – Whether it is an aggravation of the damage if the defendant did the wrong while received as an honourable suitor – Whether it is a mitigation of liability if the plaintiff has himself been a negligent and imprudent guardian – Defence – Existence of marriage with said daughter – How treated |
| INEGBEDION V. DR. SELO-OJEMEN | TORT AND PERSONAL INJURY LAW:- Claim for damages for negligent conduct of medical test – HIV/AIDS Testing by public hospital – Proper way of initiating suit – Court with jurisdiction |
| INTERNATIONAL MESSENGERS NIG. LTD. V. ENGINEER DAVID NWACHUKWU | TORT AND PERSONAL INJURY LAW: – Negligence -Action in negligence – Basis of |
| IPADEOLA V. OSHOWOLE | TORT AND PERSONAL INJURY LAW:- Public nuisance – Contravention of Federal Highways (Building Lines) Regulations, 1971 – Unlawful construction in prohibited set back from trunk “A” Road – Plaintiff also obstructed by unlawful construction – Whether actionable as private nuisance – Rule that Attorney-General to sue as relator for public nuisance – Exceptions – Burden on individual suing for public nuisance |
| ISAAC D.O. EJABULOR V. HIS HIGHNESS D. B. OSHA | |
| ISAAC E. NWAENANG V. CHIEF EDET W. NDARAKE & ORS | TORT AND PERSONAL INJURY LAW – DEFAMATION – LIBEL:- Proof of damages – Whether unnecessary
TORT AND PERSONAL INJURY LAW – DEFAMATION – LIBEL:- Assessment of damages for defamation – Factors a trial court should consider and take into account |
| ITAMBONG V. AKONYE | TORTS AND PERSONAL INJURY:- Torts: Trespass excused by statute – Authority employing contractor – How treated |
| IYERE V. BENDEL FEED AND FLOUR MILL LTD | TORT AND PERSONAL INJURY LAW – NEGLIGENCE:- Incidence of negligence – Onus of proof – Whether shifts
TORT AND PERSONAL INJURY LAW – NEGLIGENCE – Vicarious liability – Action against master for negligent act of servant – Need to join servant as party thereto – Failure to join – Effect – Whether action competent |
| J.E. OSHEVIRE LTD. V. TRIPOLI MOTORS | TORT AND PERSONAL INJURY LAW:- Conversion and detinue – Distinction between – Damages in detinue – Award of – How assessed – Basis for – Detinue based on vehicle – Where defendant used the vehicle while retaining same – Whether the fact relevant in award of damages |
| JARMAKANI TRANSPORT LTD. V. ABEKE | TORT AND PERSONAL INJURY – NEGLIGENCE:- Vicarious liability of master for the negligence of servant – Principles applicable – When and how established. |
| JIBOSU V. KUTI | TORT AND PERSONAL INJURY LAW: –Negligence – Res ipsa loquitur – Highway-Omnibus – Accident due to tyre bursting -Plea of inevitable accident – Duty of owners of vehicle – How treated |
| JIMOH SOWOLE V. RAIMI EREWUNMI | TORT AND PERSONAL INJURY LAW: – Libel and Slander – Slander in foreign language – Need to plead slander in the original language and in its translated version |
| JIPREZE V. OKONKWO | |
| JOHN EBOSEDE EMIANTOR V. THE NIGERIAN ARMY | TORT AND PERSONAL INJURY LAW: – Libel – What constitutes same – When the tort of libel is said to arise from the acts of a person – Akintola v. Anyiam (1961) 3 All NLR 508 referred to and reviewed |
| JOHN LEWIS AND CO. LD. V. TIMS | TORT AND PERSONAL INJURY LAW:- False imprisonment – Arrest without warrant on suspicion of stealing from large departmental shop – Duty of person arresting – Taking arrested person forthwith to justice or police officer – Matters arising therefrom – How treated |
| JOHN OHADUGHA V. TANIMU GARBA | TORT AND PERSONAL INJURY LAW:- Damages – Measure of damages in action for negligence – Applicable principles. |
| JOSEPH AGBON OJEME V. PRINCE MARK JIMOH MOMODU | TORT AND PERSONAL INJURY LAW –DEFAMATION:- Libelous material – How pleaded – Publication of |
| JOSEPH MANGTUP DIN V. AFRICAN NEWSPAPERS OF NIGERIA LTD | |
| JULIUS BERGER NIGERIA PLC & ANOR V. MRS. DOLAPO OGUNDEHIN | TORT AND PERSONAL INJURIES:- Motor Accident – Injury arising from accident – Claim for damages based on negligence and breach of duty arising therefrom – Vicarious liability – Res Ipsa loquitor – Relevant considerations |
| JULIUS BERGER NIGERIA PLC & ANOR V. MRS. PHILOMENA UGO | TORT AND PERSONAL INJURY – NEGLIGENCE:- Duty of plaintiff in an action for negligence to prove origin of the defendant’s negligence and how it led to the accident – Doctrine of “Res-ipsa loquitur” – Occasions where no trace of negligence can be uncovered no matter how much the plaintiff tries to – Situations deemed as very frustrating leading to considerable hardship for the plaintiff where the true cause of the accident lies solely within the knowledge of the defendant who caused it – Whether there are circumstances where the court has the duty to compel plaintiff to proceed with his case because the duty on the part of the defendant is so plain as to admit of no denial
TORT – CLAIMS FOR PAIN AND SUFFERING AND LOSS OF AMENITIES:- Meaning – Need for court to recognise awards in this category – How assessed – When a double claim arises – How treated |
| KAURA V. IKEAWUJO | TORT AND PERSONAL INJURY LAW: –Defamation – Libel – Defamatory letter written in English – Whether publication is effected if a third party reads and explains its meaning in Hausa – Defence of privilege in the course of discharging public duty |
| KELLEY V. CORSTON | TORT AND PERSONAL INJURY LAW: –Barrister – Negligence – Immunity – Extent of immunity – Barrister advising in relation to financial relief after divorce – Proceedings compromised and settlement embodied in consent order approved by court – Plaintiff suing barrister in relation to settlement – Whether barrister immune from suit in relation to settlement at door of court – Whether barrister immune in relation to consent order approved by court – Matrimonial Causes Act 1973, s 33A considered |
| KEREWI V. ODEGBESAN | TORT AND PERSONAL INJURY LAW: – Damages to car rendering it a total loss – Proper factors of assessment – Car purchase under a hire-purchase agreement – Whether relevant consideration |
| KIDD V. PORTSMOUTH CITY COUNCIL | TORT AND PERSONAL INJURY LAW –NEGLIGENCE:– Duty of care – Occupier – Child – Child tripping on path and suffering injury – Standard of care to be applied to surface of path – Judge finding local authority not in breach of duty in respect of type of path constructed – Correctness of decision |
| KINOSHI V. OGUNSHEYE | TORT AND PERSONAL INJURY LAW: – Trespass to land – Damages thereof |
| KIRKHAM V. BOUGHEY | TORT AND PERSONAL INJURY LAW: – Claim for Damages for personal injuries – Claim based on injury to wife – Choice of husband not to return to work abroad while wife incapacitated – Choice reasonable – Employment in England at lower wage – Whether husband entitled to loss of earnings during period of wife’s incapacity |
| KOGBE V.IKUPOLOWO | TORT AND PERSONAL INJURY LAW:– Negligence:– Bailment of goods – Liability of a bailee for valuable consideration – Onus of proof of lack of negligence – Measure of damages |
| KOMOLAFE AND THE NORTHERN ASSURANCE CO. LTD V.1. B.A. ONANUGA | TORT AND PERSONAL INJURY LAW:– Negligent driving – Master Servant liability – Allegation that driver was on frolic of his own – Whether amounts to him not being in Master’s employment – Claim of liability based on repealed ordinance – Effect |
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JUDGMENTS OF NIGERIAN COURTS |
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| By Substantive Areas | |
