TORTS AND PERSONAL INJURY LAW CASES/JUDGMENT – 4
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 |
| KOSILE V. FOLARIN | TORT AND PERSONAL INJURY LAW:– Detinue and conversion – Principles and Distinction – Measure of damages |
| KUTI AND ANOTHER. V. JIBOWU AND ANOTHER. | TORT AND PERSONAL INJURY LAW:– Hire-Purchase – Driver of hired vehicle employed by hirers – Vicarious liability for driver’s negligence – Res ipsa loquitor – Collision between vehicles caused by burst tyre on one of them – Onus of proof on driver – How resolved |
| KUTI V. BALOGUN | TORT AND PERSONAL INJURY LAW:– Negligent driving – Claim for damages – Liability of owner under Hire Purchase Agreement |
| TORT AND PERSONAL INJURY LAW:– Negligence – Personal injury – Malice – Whether debars protection of Public Officer Protection Act – Award for loss of expectation of life where not claimed – Duty of court thereto – Claim for damages for loss of one leg and probable full disability of other leg of man aged 59 – How treated | |
| LAGOS CITY COUNCIL V. OLUTIMEHIN | TORT AND PERSONAL INJURY LAW:– Nuisance by Statutory Corporation – Smell – Negligence of a Statutory duty arising from the performance of a legal power – 5.140(5) of Lagos Local Government Act 1959 – Removal of nightsoil – Whether is not disposal of sewage – 5.140 (13) – Whether must prove actual work conducive to public health – Grant of injunction thereto – Whether not automatic and can only be awarded if not oppressive or unreasonable to defendant – Proper treatment |
| LAMBERT AND ANOTHER V. LEWIS AND OTHERS | TORT AND PERSONAL INJURY:- Fatal accident – Death arising from unhitching of a towed lorry due to defective trailer coupling – Determination of the liability of owner, supplier and manufacturer inter se – Negligence – By a third party notice, claim of indemnity/contribution by the owner and the driver against the suppliers in the event of judgment being entered against them – By fourth party proceedings, claim of an indemnity by the suppliers in contract and tort from the manufacturers in the event of being held liable to the plaintiffs, the owner or the driver – How treated |
| LAMBERT SUNDAY IWUEKE V. IMO BROADCASTING CORPORATION | TORT AND PERSONAL INJURY LAW – LIBEL:- Damages for libel – Whether must be supported by evidence |
| LASISI A. OGUNMUYIWA V. E. A SOLANKE | TORT AND PERSONAL INJURY LAW:– Negligence – Collision between two vehicles – Vicarious liabilities – Presumption that driver is agent or servant of owner |
| LAURIE V. RAGLAN BUILDING CO LTD | TORTS AND PERSONAL INJURY LAW:- Negligence – Death of pedestrian on pavement road from skidding lorry during a snow-fall – When presumption of negligence attaches – Evidence that the road was in such a condition that a prudent driver, even if he did not find it necessary to stop, would have proceeded at a very much slower speed when driving a vehicle of that kind – Legal implication for degree of proof required |
| LAWAL V. KOFFO | TORT AND PERSONAL INJURY LAW:- Claim for special and general damages for trespass and detinue or conversion of certain goods of the Plaintiff – Claim against public institution and officers acting outside of the scope of their powers – Liability of employer and employee – Special damages – Need to plead and prove same – Effect of failure thereof |
| LAWSON V. AJIBULU | TORT AND PERSONAL INJURY LAW:– Trespass to land and injunction – Basis of – What claimant therefor must show to succeed |
| LEBAGA V. ENDELEY | TORT AND PERSONAL INJURY LAW – LIBEL:- Libel alleged by two persons against the same defendant – Whether one plaintiff can be allowed to withdraw his claim – Attitude of court where such withdrawal affects the case of the defence |
| LEWIS V. DAILY TELEGRAPH LTD. |
TORT AND PERSONAL INJURY:- Libel and Slander – Justification – Suspicion of crime – Newspaper report – “Police are inquiring into affairs” of limited company – Ordinary meaning of words admitted to be defamatory but justified – Proof of police inquiry in process at date of report – Whether justification – Whether words reasonably capable of meaning plaintiffs guilty of fraud. TORT AND PERSONAL INJURY – Libel and Slander – Pleadings – libel – Innuendo – Not supported by extrinsic facts – Duty to withdraw unproved innuendo from jury – R.S.C., Ord. 19, r. 6 (2). |
| LINCOLN V. DANIELS | TORT AND PERSONAL INJURY LAW– DEFAMATION:- Libel – Defence of Privilege – Absolute privilege – Qualified privilege – Communications to Bar Council – Libel alleged contained in letters of complaint against Queen’s Counsel addressed to secretary of Bar Council – No complaint made to Benchers of Inn of Court – Whether letters not protected by absolute privilege.
TORT AND PERSONAL INJURY LAW – DEFAMATION:- Libel – Privilege – Absolute privilege – Inquiry by Benchers into conduct of barrister |
| LION OF AFRICA V. ANULUOHA | |
| LLOYDE V. WEST MIDLANDS GAS BOARD | TORT AND PERSONAL INJURY LAW:- Negligence – Res ipsa loquitur – Nature of doctrine – Onus on plaintiff – Plaintiff’s evidence failing to explain cause of accident – Evidence giving rise to inference that cause of accident involved failure by defendant to take due care – Onus on plaintiff to adduce evidence giving rise to inference – Rebuttal of inference |
| LONRHO PLC AND OTHERS V. FAYED AND OTHERS |
TORT AND PERSONAL INJURY LAW:-Tort of conspiracy to injure by lawful means – Meaning and ingredients of tort – What plaintiff must prove to succeed – Damages – Need to show actual pecuniary loss – TORT AND PERSONAL INJURY LAW:- Claim for damages for injury to feelings or reputation – How properly recoverable – Whether evidentiary burden cannot be sidestepped by alleging a different cause of action – General reputation and commercial or business reputation – Whether legally considered as the same |
| M. T. MAMMAN V. A. A.SALAUDEEN | TORT AND PERSONAL INJURY LAW:- Libel – Cause of action thereof- What constitutes – Letter written by a solicitor in the course of his duties to his client- Whether can be defamatory. |
| MADUGA V. BAI | TORT AND PERSONAL INJURY LAW:- Negligence – Vicarious liability of vehicle owner for negligence by driver |
| MAHARAJ V. ATTORNEY GENERAL OF TRINIDAD AND TOBAGO | |
| MAIWAKE V. GASSAU | |
| MANAGEMENT ENTERPRISES LTD AND ORS V. JOHNATHAN OTUSANYA | TORT AND PERSONAL INJURY LAW:- Res ipsa loquitur – Meaning of – When properly applicable – Vicarious liability – When it arises |
| MANDILAS AND KARABERIS LTD V. APENA | TORT AND PERSONAL INJURY LAW:- False Imprisonment – General denial in Statement of Defence- Whether sufficient to challenge plaintiffs assertion in Statement of Claim as to false imprisonment – Where Defendant did not instigate prosecution or set law in motion against plaintiff as prosecution was due to independent police action – Legal effect |
| MARTCHEM INDUSTRIES NIGERIA LTD. V. M.F. KENT WEST AFRICA LTD. | TORT AND PERSONAL INJURY LAW:- Bailment – Classes of – Conversion and Detinue – Distinction between – Cause of action in each case –
TORT AND PERSONAL INJURY LAW:- Detinue and action for breach of contract – Whether both can be sustained by the same set of facts TORT AND PERSONAL INJURY LAW:- Detinue – Plaintiff claiming therein – Need to establish title to the chattel claimed |
| MARTINS V. NATIONAL EMPLOYERS MUTUAL GENERAL | TORT AND PERSONAL INJURY |
| MATTHEW OYE OLUWOLE V. POWER HOLDING COMPANY OF NIGERIA PLC | |
| MAURICE DUMBO & ORS V. CHIEF STEPHEN IDUGBOE | TORT AND PERSONAL INJURY LAW:- Defamation – How proved – Test of reasonableness used by the court in interpreting words alleged as defamatory – How determined
TORT AND PERSONAL INJURY LAW:-Defamation – Defence of justification – What the defendant must prove to succeed |
| MBADIWE V. YAYAI | TORT AND PERSONAL INJURY:- Negligence – Case where onus is deemed to lie on defendant refute liability in negligence – How discharged |
| MENIRU V. IGWE | TORT AND PERSONAL INJURIES: – Negligence – How proved – Vicarious liability – Whether servant acted outside scope of employment – Effect on liability of employer – Relevant considerations |
| MERLIN AND ANOTHER V. BRITISH NUCLEAR FUELS PLC | TORT AND PERSONAL INJURY LAW:- Breach of statutory duty causing diminution of value of property – When deemed to arise – Whether mere presence of ionising radiations within the plaintiffs’ property emitted from waste discharged from the site is sufficient – Whether proof of actual injury to any person or damage to any property is required |
| MICHAEL OBIEFUNA V. ALEXANDER OKOYE | TORT AND PERSONAL INJURY LAW:- Vehicular accident occasioning bodily harm – Negligence – How determined
TORT AND PERSONAL INJURY LAW:- Civil Suit—Negligence – Public Officer – Public Officers’ Protection Ordinance, Cap. 16&—Limitation of Time without which to sue – When Limitation begins to run – Pleading |
| MONDAY NWADINOBI V. MRS MARY BOTU |
TORT AND PERSONAL INJURY LAW:- False imprisonment –Arrest and detention by the police as a result of a report by complainant – What an aggrieved party must prove to succeed in an action for false imprisonment in respect thereof. TORT AND PERSONAL INJURY LAW:- Libel – Necessity of pleading and proving exact libellous words – Essential ingredients of |
| MONIER CONSTRUCTION COMPANY LTD V. TOBIAS I. AZUBUIKE | |
| MOSHOOD V. BAYERO | TORT AND PERSONAL INJURY LAW:- Trespass to land – implied admission of trespass by appellants into respondent’s land – Whether entitles the respondent to damages |
| MR. GABRIEL ULEKE & ANOR V. PRINCESS BENEDICT A. KAKWA & ANOR | TORT AND PERSONAL INJURY LAW:- Wrongful seizure of movable property – Claim of general and special damages – Relevant consideration |
| MRS. CHRISTIANA CHISA TAFRI & ANOR V. EXECUTIVE GOVERNOR OF RIVERS STATE & ANOR | TORT AND PERSONAL INJURY LAW: – Fatal motor accident – Claim for bereavement and benefits to the deceased’s estate arising from the negligence and recklessness of the defendants, their agents and servants resulting in death of deceased person – Proper burden of proof required by law – Circumstances under which the legal principle of res ipsa loquitor apply is deemed to apply – Claim for burial/funeral expenses and traditional burial rites of passage for the said deceased – When justified |
| MRS. RONKE OMIYALE V. MOBOLAJI MACAULAY & ORS | TORT AND PERSONAL INJURY – TRESPASS – DAMAGES:- Whether it is axiomatic that special damages must be strictly proved – distinction between special damages and general damages – whether, under general damages, if the plaintiff establishes in principle his legal entitlement to the damages a trial judge must make his own assessment of the quantum of such general damages leaving an appellate court only an alteration of quantum of such general damages if they were shown to be either manifestly too high or manifestly too low or awarded on a wrong principle – |
| MUTUAL AIDS SOCIETY LTD V. AKERELE | TORT AND PERSONAL INJURIES LAW – DEFAMATION:- Claim for damages for libel arising from publications relating to property – Advertisement/placarding of property for sale via auction to satisfy loan due but unpaid – Where no mortgage connected to said loan existed – Whether liability for libel arises – How proved – Relevant considerations |
| N. ANUNOBI V. NIGERIAN NATIONAL PRESS LTD. AND ANOR |
TORT AND PERSONAL INJURY LAW:- Libel and Slander – Newspaper publication – Natural and ordinary meaning clear – Whether plaintiff can extend claim by inferences without facts TORT AND PERSONAL INJURY LAW:- Libel and Slander – Defence – Fair comment – Cannot avail a defendant who invented his facts TORT AND PERSONAL INJURY LAW:- Libel and Slander – Defence – Privilege -When applicable – Defamation Act, 1961 . |
| N.E.S.C.O. LTD. V. GYANG | TORT AND PERSONAL INJURY LAW:- Claim for compensation for damages to crops and farm – Damages arising from electrification project (setting up poles) – How calculated |
| N.M. JEBARA V. MERCURY ASSURANCE CO. LTD. | |
| NAKYAUTA V. THOMAS | TORT AND PERSONAL INJURY LAW:- Damages for trespass to movable properties – Joint tortfeasor |
| NATIONAL BANK NIGERIA LIMITED V. MOBIL OIL NIGERIA LIMITED | TORT AND PERSONAL INJURY LAW:- Liability of negligence – How proved – Onus of proof – On whom lies |
| NDAEYO V. OGUNNAYA | TORT AND PERSONAL INJURY:- Detinue – Heidelberg Printing Machine” – Venue – Jurisdiction to entertain proceedings. |
| NDOMA-EGBA V. AFRICAN CONTINENTAL BANK PLC. | TORT AND PERSONAL INJURY LAW- NEGLIGENCE:- Forgery – Payment of money by bank on forged cheque – Liability of bank therefor – Nature of – Whether bank absolutely liable |
| NELSON V. LARHOLT | TORT AND PERSONAL INJURY LAW:- Money taken from owner without his authority – Right of owner to follow money until received in good faith and for value and without notice of want of authority – Where recipient put on inquiry – Order of restitution – When proper |
| NELSON-PEREGBA V. ZAIDAN | TORT AND PERSONAL INJURY LAW:- Damages for enticement of another’s wife – Onus of proof thereto – Husband and wife-Estrangement between couple – Wife refusing to follow husband on transfers -Complaint of ill-treatment by husband -Wife’s father intervening to provide accommodation and means of trade for her – Accommodation found with long-standing friend of wife’s family – Allegation by husband against friend of family for enticement, etc. – How treated |
| NEPA V. ALLI | TORT AND PERSONAL INJURY LAW:-Doctrine of res ipsa loquitor- When applicable – Negligence – strict liability – Rule in Rylands v Fletcher – Degree of care required – How determined |
| NGWO V. ONYEJENA | TORT AND PERSONAL INJURY:- Trespass – Suit by person in possession – Defendant with no better title or right – How treated |
| NIGERIAN BOTTLING CO. LTD.V NGONADI | TORT AND PERSONAL INJURY LAW:- Negligence – Damages for negligence – Explosion of defective refrigerator sold to plaintiff by defendants – Award of general damages to a young woman, for pain and suffering, loss of muscular flexibility, inability to breast feed, permanent disfigurement of part of body and possible major mental disturbances – Quantum of –Whether not manifestly excessive and erroneous on evidence – Defendants failing to remedy defect when manifested two days after sale – Defendants pleading but leading no evidence of contributory negligence – Effect |
| NIGERIA DEPOSIT INSURANCE CORPORATION V. UNION BANK OF NIGERIA PLC. & ANOR | |
| NIGERIAN ELECTRIC POWER AUTHORITY V. CHIEF ETIM INAMETI |
TORT AND PERSONAL INJURIES:– Defamation – Publication of defamatory statement by plaintiff – Whether actionable TORT AND PERSONAL INJURY:– Libel – Duty of Judge in an action for libel – Test for determining whether words complained of are in the natural and ordinary meaning defamatory – Duty of plaintiff relying on innuendo in an action for libel. TORT AND PERSONAL INJURIES:- Defamation – Defamatory statement – Meaning of – Duty on plaintiff to plead the precise defamatory words in the statement of claim – Effect of failure thereto – Excessive and scandalous electricity bill – Whether capable of founding an action in libel TORT AND PERSONAL INJURIES:- Defamation – Requirement for publication – Meaning of – How proved – Onus of proof – On whom lies – Publication by agent of plaintiff – Publication with consent – Self-publication – Meanings and effect – When self publication would be deemed valid and actionable against maker of libelous content – Publication to members of one’s family – Need to plead and prove publication alleged |
| NIGERIA PORTS AUTHORITY V. AKAR | TORT AND PERSONAL INJURIES:- Bailment – Loss of goods – Liability of bailee –Where bailee is statutory body conferred with statutory protection – How treated |
| NIGERIAN TOBACCO COMPANY LTD. V. ALLOYSIUS OLUMBA AGUNANNE | TORT AND PERSONAL INJURY LAW – NEGLIGENCE:- Doctrine of common employment – How treated |
| NKWEKE AND ANOTHER V. NIGERIAN AGIP OIL CO. LTD. |
TORT AND PERSONAL INJURY LAW:- Damage to property – Compensation – Proof of damage |
| NWABUOKEI V. IWENJIWE | TORT AND PERSONAL INJURY LAW:- Negligence – Road Traffic – Claim for damages – Joint Tortfeasors – Apportionment of liability for negligence – Inference from facts – Perception and Evaluation of Evidence – Duty of Appeal Court thereto |
| NWAFOR AND ANOTHER. V. NDUKA AND ANOTHER. | TORT AND PERSONAL INJURY LAW:- Fatal Accidents Act – Negligence – Defendant’s negligent driving resulting in death of family’s bread winner – Assessment of Damages for immediate family and other Dependants – Allowable deductions from general damages awarded under the Fatal Accidents Law |
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JUDGMENTS OF NIGERIAN COURTS |
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