TORTS AND PERSONAL INJURY LAW CASES/JUDGMENT – 5
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 |
| NWANKWERE V. ADEWUNM | |
| NWOBI V. OKECHUKWU | TORT AND PERSONAL INJURY LAW: – Fatal accident – Negligence – How proved – Burden of proof which lay on defence – Effect of failure to discharge same – Damages – Heads – How treated |
| OANDO NIGERIA PLC V. ADIJERE WEST AFRICA LIMITED |
TORT AND PERSONAL INJURY – DAMAGES – ASSESSMENT OF DAMAGES – USED OR SECOND HAND ARTICLE/CHATTEL:- Action based on negligence – Rule that actual damage must be proved – Whether value of a used article or chattel is an item of special damage in the sense that it can be exactly quantified like the cost of repairs or the expenses of hospital treatment – Nature of evidence required to ascertain same – Whether it is open to either party to call evidence and the Court must do the best it can on the material before it – Whether it is a matter of estimation on which opinions often differ TORT AND PERSONAL INJURY – NEGLIGENCE – DAMAGES – MITIGATION OF DAMAGES:- Cases where it is always expected of plaintiff to mitigate the loss suffered due to negligence of the defendant – Motor vehicle/Sea Vessel loss or damage – Whether incumbent on plaintiff to get such damaged vehicles repaired at the earliest opportunity – Justification – Where failure to mitigate caused by defendants unreasonably resiling from earlier agreement to repair |
| OBERE V. EKU BAPTIST HOSPITAL (BOARD OF MGT.) | TORT AND PERSONAL INJURY LAW:- Negligence – Master and servant – Failure of master to prevent injury by repairing damaged machinery – Master’s liability |
| OBIJURU V. OZIMS | TORT AND PERSONAL INJURY LAW:- Trespass to land – Right of person in possession – To sue |
| OBIKOYA V. EZENWA | TORT AND PERSONAL INJURY LAW:- Defamation – Claim for damages for libel – Defence of privilege |
| ODUBANJO V. NEW INDIA ASSURANCE COMPANY LTD | TORT AND PERSONAL INJURY LAW:- Action in Negligence – Motor Vehicle Accident -Insurance Co. alone sued as Defendant – Where 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 |
| ODULAJA V. HADDAD | TORT AND PERSONAL INJURY LAW:- Trespass – Nuisance -Assault – Order for injunction – Damages |
| ODUMOSU V. A.C.B. LIMITED | TORT AND PERSONAL INJURY LAW:- Detinue – Return of goods detained – Overdraft on personal guarantee – Documents deposited with bank for safe- keeping – Whether deposited by way of security |
| OFOHA V. THE STATE | |
| OGBARA V. AFOLABI | |
| OGBIMI V. NIGER CONST. LTD. | TORT AND PERSONAL INJURY LAW:- Claim for damages for trespass – Allegation of entering land and without authority or consent excavating and carring away laterite – How treated |
| OGUNBIYI V. ADEWUNMI | TORT AND PERSONAL INJURY LAW:- Elements of Trespass – Concurrent possession of property by adverse parties – Effect of – Actions by trespassers – How treated |
| OGUNFOWORA V. WILLIAMS | TORT AND PERSONAL INJURY LAW:- Negligence – Motor accident – Conflicting evidence as to cause of accident – Where resolved in favour of defendant – Whether Res ipsa loquitur inapplicable – Relevant consideration |
| OJINI V. OGO OLUWA MOTORS NIGERIA LTD |
TORT AND PERSONAL INJURY LAW:- Action for conversion and action for trespass to chattel – Distinction between TORT AND PERSONAL INJURY LAW:- Conversion – Cause of action in conversion – What constitutes – When accrues – Ingredients of TORT AND PERSONAL INJURY LAW:- Trespass to chattel – Action for damages for trespass to chattel – What constitutes – Who can institute. |
| OJO V. GHARORO | Tort AND PERSONAL INJURIES: – Negligence – Claim based on negligence during medical procedure – Burden to be discharged in respect of same – Relevant standards applicable to claim of negligence relating to medical procedure – When doctrine of res ipsa loquitur is deemed to apply – Relevant considerations |
| OKAFOR V. AFRICAN INSURANCE CO. LTD | TORT AND PERSONAL INJURIES LAW:- Claim for damages for death occasioned by fatal accident – Statutory nature of claim – When deemed barred by statute – Effect of amendment of statute extending time within suit may be brought – Whether applicable retrospectively |
| OKAFOR V. IBEZIAKO | TORT AND PERSONAL INJURIES LAW:- Claim for damages for fatal accident occasioning death to husband of plaintiff – Proper time for bringing action – Whether time allowed for bringing the action was not a matter of procedure – Whether there was no right at common law to claim damages for a fatal accident but the right was created by statute – Need to keep within statutorily prescribed time – Effect of failure thereof |
| OKAFOR V. IKEAYI AND ORS. |
TORT AND PERSONAL INJURY LAW – DEFAMATION:- Libel – Proof of – Determination of alleged defamatory words in their ordinary and natural meaning TORT AND PERSONAL INJURY LAW – DEFAMATION:- Libel – Proof of – Essence of clearly setting out in the statement of claim, the precise alleged defamatory words – Order XXXIII rules 4 and 5 of High Court Rules, 1956 of former Eastern Nigeria considered – Test for determining whether words complained of are defamatory in their natural and ordinary meaning |
| OKAFOR V. NNODI | TORT AND PERSONAL INJURIES:- Fatal accidents – Fatal Accidents Law, 1956 – Who may bring the suit – Claim for damages – Need to prove particulars of damages and harm suffered by virtue of deceased’s death – Need for order as to damages to be made specifically for the primary benefit of immediate family and not as contribution to the family at large – Relevant considerations |
| ORAJEKWE V. MBIERI |
TORT AND PERSONAL INJURY LAW:- Negligence – Evidence of probable cause of accident – Whether displaces prima facie case of negligence. TORT AND PERSONAL INJURY LAW:- Res ipsa loquitur – When applicable – Drawing of maxim thereof inferentially from facts – Validity of |
| ORJI ASAA V. MR. FRANK OJAH | TORT AND PERSONAL INJURY LAW – DEFAMATION:- Definition and ingredients of– Distinction between Libel and Slander – Defences thereto
TORT – SLANDER: Meaning and ingredients of slander – Onus on plaintiff to prove slander – How discharged – Whether slander is actionable per se – Need for exact words and language of the alleged slander to be pleaded – Duty of court to examine carefully the words complained of to see if they are capable of bearing defamatory meaning |
| OSAGIE V. OKUTUBO | |
| OSAREMWINDAN AIGUOKHIAN V. THE STATE (EDO STATE) | |
| OSUJI V. ISIOCHA | TORT AND PERSONAL INJURIES LAW:- Malicious destruction of property – Remedies |
| OTOMEWO V. EZEKWE | TORT AND PERSONAL INJURY LAW:- Defamation – Libel – Imputation of infamous conduct – – Whether the words ‘arrogancy,’ ‘ignorance’ and ‘spiritual wickedness’ are capable of defamatory meaning and actually defamatory – Assessment of damages – Factors to consider |
| OWE V. OSHINBAJO | TORT AND PERSONAL INJURY LAW:- Trespass – Plaintiff in possession – Defendant with no right or title |
| OYADEJI V. ADENLE | TORT AND PERSONAL INJURY LAW:- Criminal trespass – Offence of – How constituted – Ingredients of |
| OYEBAMIJI & ORS.V. IYABO AFUSAT LAWANSON & ORS. | TORT AND PERSONAL INJURY LAW – TRESPASS TO LAND:- Claim for present trespass at time of action – Whether the Statute of Limitation could not possibly apply to same |
| OYEBANJI V. OKUNOLA AND ANOTHER. | TORT AND PERSONAL INJURY LAW:- Trespass – Action by person in possession – Onus on plaintiff to prove possession – Land Law – Land property of “A” family, described as B’s land and conveyed as such – B’ a member of A’ family – Effect of land being conveyed solely by B. |
| OYEKOYA V. G. B. OLLIVANT (NIGERIA) LTD | |
| OYIDIOBU V. OKECHUKWU | TORT AND PERSONAL INJURY LAW:- Tort – Nuisance – Obstruction of plaintiffs access way – Damages for nuisance |
| PAUL FELTHOUSE V. BINDLEY | TORT AND PERSONAL INJURY LAW:– Conversion – When charged against owner of goods – Effect thereof |
| PROFESSOR A.B. FAFUNWA V. BELLVIEW TRAVELS LIMITED | TORT AND PERSONAL INJURY LAW:- Nuisance – Meaning – Elements of – How established – Difference between public and private nuisance |
| RAIMI JENYO & ANOR V. AKINSANMI AKINRETI & ANOR |
TORT AND PERSONAL INJURY – NEGLIGENCE:- Death of child arising from negligent driving of defendant – Where proved – Claim for pecuniary damages under the Fatal Accident Act – Whether the formula to be used is directly related to the benefit that will be lost to the claimant by the death of the deceased – Implication where deceased is a child – Relevant considerations TORT AND PERSONAL INJURY LAW – REMEDY UNDER FATAL ACCIDENT ACT:- Nature of – Whether the Act “provided a new” cause of action and did not merely regulate or enlarge an old one – Damages under the Act – How calculated – Relevant considerations – Whether age and station in life are critical considerations |
| S. A. ADEBANJO V. A. A. BROWN | TORT AND PERSONAL INJURY LAW:- Trespass – Liability of a tortfeasor to a party who has no possessory right – How resolved |
| S. AKANIMODO V. KENNETH S. MASTERS & OTHERS | TORT AND PERSONAL INJURY LAW:- Damages for unlawful seizure and detention of adulterated cocoa – Claim for trespass to goods – Whether sustainable – Section 19(a) (d), Produce Inspection Ordinance, 1950 |
| SHELL PETROLEUM DEVELOPMENT COMPANY NIGERIA LIMITED V. CHIEF TIGBARA EDAMKUE & ORS | TORT AND PERSONAL INJURIES LAW- RULE IN RYLAND V FLETCHER AND RES IPSA LOQUITUR:- Findings based on the rule in Rylands v Fletcher (1868) L.R 3 HL 330 and the maxim of res ipsa loquitur – Meaning of the Latin maxim res ipsa loquitur as “the thing speaks for itself” – What maxim connotes in inferring existence of negligence – Burden of proof on defendant where maxim applies – Effect of failure thereto |
| SYLVESTER IFEANYI IBEKENDU V. SYLVESTER IKE | TORTS AND PERSONAL INJURY – NEGLIGENCE:- Doctrine of “res ipsa loquitor” – Consideration of – Steps to be taken |
| TECNO MECHANICAL (NIGERIA) LIMITED V. ADISA OGUNBAYO | TORT – NEGLIGENCE:- Principle of negligence – How determined |
| THE SHELL PETROLEUM DEV. CO. OF NIG. LTD V. CHIEF MARK EJEBU & ANOR | TORT AND PERSONAL INJURY:- Cause of action based on the tort of negligence – Where limitation is alleged to apply ousting jurisdiction to hear case – How determined – Whether generally negotiation by parties does not prevent or stop the period of limitation stipulated by statute from running – Where there has been an admission of liability during negotiation and all that remains is fulfillment of the agreement – Whether an exception on the ground that it cannot be just and equitable that the action would be barred after the statutory period of limitation giving rise to the action if the defendant were to resile from the agreement during negotiation |
| TIPTOP INDUSTRIES LIMITED V. BABATUNDE PINHEIRO | TORT –DEFAMATION:- “Publication” – Connotation of in libel cases – Defence of justification – Purport of in cases of libel |
| TOTAL NIGERIA PLC. V. VICTORIA ISLAND & IKOYI RESIDENTS | TORT AND PERSONAL INJURY LAW – NUISANCE:- Public nuisance – Right of action therefor – When exercisable by private person |
| TOTAL OIL PRODUCTS V. AGBONMAGBE BANK | TORT AND PERSONAL INJURY:- Negligence – What and how plaintiff must plead |
| TOWN CLERK, L.T.C. V. CLEMENT | TORT AND PERSONAL INJURIES:– Damage to property – Claim for compensation – Liability of employer for act of employee – How enforced – Whether action thereto can be commenced against a named officer of corporate employer |
| TRAIL V. BUCKINGHAM | |
| TRIANA LIMITED V. POLYMAKERS LIMITED | TORT AND PERSONAL INJURY LAW:– Negligence – Clearing agent failing to ensure correct number of goods as set out in the Shipping documents – Shether liable in negligence for short delivery of goods |
| TRUSTOR AB (A SWEDISH LTD COMPANY) V. LINDSAY JAMES TREVOR SMALLBONE AND OTHERS | |
| U.A.C. OF NIGERIA LTD. V. SAMUEL I. EKUNWE | TORT AND PERSONAL INJURY LAW:- Special damages – Negligence – Plaintiffs house damaged by 1st defendant’s trailer negligently driven by their employee (2nd defendant) – Plaintiff claiming special damages on basis of estimated cost of repairs prepared by his valuer – Defendant’s estimate rejected by trial judge in preference for that of plaintiff – Propriety of – Remedies – Assessment of damages. |
| UBAF LTD V. EUROPEAN AMERICAN BANKING CORP | TORT AND PERSONAL INJURY LAW:- Limitation of action – When time begins to run – Actions in tort – Accrual of cause of action – Negligent misrepresentation – Plaintiff induced to lend money by defendant’s negligent misrepresentation – Security for loan proving inadequate – Whether plaintiff suffering damage and cause of action accruing when misrepresentation made or when security becoming inadequate – Limitation Act 1980, s 2. |
| UBANI-UKOMA V. NICOL | TORT AND PERSONAL INJURY – DAMAGES – Measure of – Assessment of market value of totally destroyed motor vehicle – Relevant considerations |
| UGBOBOR V. ONUKAFOR AND ANOR | |
| UGOJI V. ONUKOGU | |
| UME V. EDEOGU | TORT – NEGLIGENCE:- Road Accident – Claim and Counter-claim for damages – Onus of proof – On whom lies – Duty of trial court thereto |
| UNITED BANK FOR AFRICA LTD & ANR V. MRS. NGOZI ACHORU |
TORT AND PERSONAL INJURY LAW – NEGLIGENCE:- Rule that onus is on the person alleging negligence to lead evidence and give particulars of the negligence – Relevant particulars TORT AND PERSONAL INJURY LAW – NEGLIGENCE:- Motor vehicle accident – Claim for damages due to negligent driving of third party occasioning personal injury and car damage – Whether claim can succeed where negligent driver had not made physical contact with claimant – Whether court can infer a direct nexus between the negligence and the damage TORT AND PERSONAL INJURY LAW – NEGLIGENCE:- Motor vehicle accident occasioning personal injuries and damages – Defence of contributory negligence – Damage caused to a person trying to avoid collision by swerving away from a negligent driver – Whether entitles negligent party the defence of contributory negligence |
| UNITED BANK FOR AFRICA PLC V. COMRADE CYCLE LTD & ANOR | TORT AND PERSONAL INJURY LAW – NEGLIGENCE:– Need to plead Negligence and establish ‘duty of care’ owed in a claim in negligence – Effect of failure to so plead
TORT AND PERSONAL INJURY LAW – NEGLIGENCE:- Issues of “duty of care” as synonymous with a claim in negligence and as one of the constituent elements to be established in a case based on it – Where party did not base case on negligence and the parties did not join issues on whether or not duty of care owed was breached – Proper treatment of |
| UNIVERSITY OF ILORIN TEACHING HOSPITAL V. DR. DELE ABEGUNDE | |
| URHOBO V. TARKA | TORT AND PERSONAL INJURY LAW:- Deceit – Measure of damages |
| USIFO II V. EDO UKE | TORT AND PERSONAL INJURY LAW: Tort – Claim of Damages for Malicious – How proved – Meaning of reasonable and probable cause – Distinction between honesty of belief and honesty of motive – Effect of distinction thereof |
| UYO V. NIGERIAN NATIONAL PRESS LTD | TORT AND PERSONAL INJURY LAW:- Defamation – Libel – Remedies – Damages for libel – Sufficiency vel non, of amount awarded – Criteria of assessment – Status of libellee in society – Whether relevant |
| V. M. ILOABACHIE, ESQ. V. BENEDICT N. ILOABACHIE | TORT – DEFAMATION – DEFENCE OF PRIVILEGED OCCASSION:- When is an occasion is deemed privileged – Guiding principles in determining the defence of qualified privilege |
| W.A.A.C. NIGERIA LTD. V. BEIJER | TORT AND PERSONAL INJURY LAW –Negligence with aircraft – “Taking off” within the purview of S.10(2) of Part IV Schedule I of Colonial Civil Aviation (Application of Act) Order 1952 – Whether begins when aircraft leaves standing position to depart |
| WALKER V. GEO H MEDLICOTT AND SON (A FIRM) | TORT AND PERSONAL INJURY LAW:- Solicitor’s alleged negligence in the preparation of Will – Duty of care owed by solicitor in execution of will – Where disappointed beneficiary claiming will failed to record testatrix’s instructions – Whether action in negligence is proper remedy for beneficiary having remedy in negligence – ‘Whether beneficiary should apply for rectification |
| WEMA BANK LIMITED V. KARUNWI | TORT AND PERSONAL INJURY LAW:- Defamation – Libel – Publication – How determined |
| WESTERN NIGERIA DEVELOPMENT CORPORATION V. ABIMBOLA | |
| WHELAN V. SULE | TORT AND PERSONAL INJURY LAW – NEGLIGENCE:- How proved – Failure to return money lent – Teacher/student relationship – Action to recover damages for repair of motor car damaged through negligence – Relevant considerations |
| WHITEMAN V. HAWKINS | TORT AND PERSONAL INJURY – NEGLIGENCE:- Where negligence is established – Whether plaintiff entitled to recover full pecuniary value of loss sustained – Where defendant fails to adduce evidence to reduce the damages – Effect |
| WIEDEMANN AND WALTERS LTD. V. OLUWA AND OTHERS. | TORT AND PERSONAL INJURY LAW:- Detinue – Damages – Basis of assessment – Terms general” and “special” damages – Whether misleading and inapplicable in context of detinue |
| WURAOLA KUKU V. FATUMO OLUSHOGA |
TORT AND PERSONAL INJURY LAW:- Libel and slander – Meaning of – Burden of proof in an action based on slander – Whether necessary to prove publication of substance of words complained of TORT AND PERSONAL INJURY LAW:- False Imprisonment – Complaint to Police – Search Warrant issued on Police Information – Arrest under Search Warrant – Warrant a Judicial Act – Complainant not liable in damages |
| YARMOUTH V. FRANCE | TORT AND PERSONAL INJURY LAW:- Injury in the course of employment – Liability of employer – Risk voluntarily incurred – Relevant considerations |
| YAU V. DIKWA |
TORT AND PERSONAL INJURY LAW:- Claim for loss of case – Nature and purport of. TORT AND PERSONAL INJURY LAW:- Damages – Special Damages and General Damages– Distinction of – Measure of TORT AND PERSONAL INJURY LAW:-Negligence – Award of damages – power of trial court thereof. |
| YEKINI ADEDOKUN OYADARE V. CHIEF OLAJIRE KEJI & ANOR | TORT AND PERSONAL INJURY LAW -TRESPASS:- Proof of – Possession -Incidents of proof of possession in an action for trespass – How determined |
| YISAU V. WEMA BANK LIMITED | TORT AND PERSONAL INJURY LAW:- Detinue – ingredients of |
| YOUNIS V. OGUNLAJA | |
| ZACCHEUS ABIODUN KOYA V. UNITED BANK FOR AFRICA LTD. | TORT AND PERSONAL INJURY LAW:-Negligence – Nature of pleadings in claim for negligence |
| ZIK’S PRESS LTD V. ALVAN IKOKU | TORT AND PERSONAL INJURY LAW:– DEFAMATION:- Quantum of damages – Power of appellate court to interfere therewith on ground of excessiveness |
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JUDGMENTS OF NIGERIAN COURTS |
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| By Substantive Areas | |
