M.J. EVANS VS S.A. BAKARE
August 15, 2025UNITED NIGERIA INSURANCE CO. LTD VS LEANDRO STOCCO
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 11925
In the Supreme Court of Nigeria
Wed Mar 21, 1973
Suit Number: SC. 304/1970
CORAM
UWAIS JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
UTHMAN MOHAMMED JUSTICE, SUPREME COURTANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURTALOYSIUS IYORGYER
PARTIES
HOLTS TRANSPORT LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs claimed the defendants negligently failed and neglected to deliver bales of Real Madras Handkerchiefs to them despite repeated demands. This negligence led to the loss of 15 bales of Real Madras handkerchief which were entrusted to the defendants as bailees and/or carriers.
HELD
The Supreme Court held that the Defendants negligently handled the Plaintiffs goods as there was not a shred of evidence about them doing anything for the protection of the goods in their possession.
ISSUES
None
RATIONES DECIDENDI
COLLATERAL LIABILITY IN TORT FOR NEGLIGENCE
“The liability of the bailee may also rest on an express contract between him and the owner but even if that is so, there is the collateral liability in tort for negligence which arises from the breach of a legal duty owed by the one to the other in the circumstances and damages resulting therefrom.” Per G.B.A COKER
CASES CITED
1. Brabant & Co. v. Thomas Mulhall King (1895) AC. 632
2. Turner v. Stallibrass (1898) 1 QBD 56
STATUTES REFERRED TO
None
