CORAM
ELIAS CHIEF JUSTICE, NIGERIA
FATAI-WILLIAMS JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
AMUSA AJANI POPOOLA
APPELLANTS
PAN AFRICAN GAS DISTRIBUTORS & 2 ORS
RESPONDENTS
AREA(S) OF LAW
APPEAL – NEGLIGENCE – RES IPSA LOQUITUR – VICARIOUSLY LIABLE
SUMMARY OF FACTS
The plaintiff claim that the 2nd defendant, a driver of the 1st defendant packed the defendant’s vehicle filled Gas Cylinders in front of the plaintiff’s house without his knowledge and consent. The 2nd and 3rd defendants tampered with the said filled Gas cylinders in the cause of their employment it exploded and destroyed the plaintiff’s house and properties.
HELD
The Court held that the appeal succeeds and it is allowed. We hereby set aside the judgment of the Western State Court of Appeal and the award of costs to the respondents.
ISSUES
Whether the Court of Appeal erred in law to have called on the Counsel for the Respondent, in that Court, to show cause why the appeal should not be allowed, instead of allowing the appellant’s counsel, in that Court, to argue his case; and thereby shifted the burden from the appellant who ought to have begun to the respondent who should only reply to the arguments of the appellant.
RATIONES DECIDENDI
SPECIAL AND GENERAL DAMAGES FOR NEGLIGENCE
CASES CITED
1. Century Insurance Co. v. Northern Ireland Transport Board (1942) AC 509
2. Rylands v. Fletcher (1868) LR 3 HL 330
3. Chief J.O. Lahan & Ors. v. R. Lajoyetan & Ors. (1972) 6 S.C. 190, at p. 200
4. James Onuchuku v. Christiana Williams 12 NLR page 19
5. Hibbs v. Ross (1866 LR 7 Q.B.) page 534
6. Bernard v. Sully (47 TLR 557)
7. Henderson v. Henry Jenkins & Sons & Anor. (1969) 3 WLR 732, at p. 745.
8. Shittu Adeosun v. Lawani Babalola & Anor. (1972) 5 S.C. 292, at pp. 299 and 300
STATUTES REFERRED TO
None.