IN RE: OLAWALE ONILE – ERE VS OLADAPO WILLIAMS
August 12, 2025O. THOMPSON OKE & ANOR VS ROBINSON E. A. OKE & ANOR
August 12, 2025Legalpedia Citation: (1974-03) Legalpedia (SC) 11515
In the Supreme Court of Nigeria
Fri Mar 22, 1974
Suit Number: SC. 214/197
CORAM
OLATAWURA JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
ANTHONY lKECHUKWU IGUH JUSTICE, SUPREME COURT
PARTIES
CHIEF D. O. OGUGUA
APPELLANTS
ARMELS TRANSPORT LTD
RESPONDENTS
AREA(S) OF LAW
BAILMENT – DAMAGES-NEGLIGENCE-PLEADINGS
SUMMARY OF FACTS
The appellant failed to return and repair the respondents car leading to the loss of the car.
HELD
The court held that the appellant was liable in negligence as bailee but that the award of special damages based on license fee and insurance premium were unjustified.
ISSUES
1. Whether the trial judge was right in holding the appellant liable for negligence for the loss of the respondents car when gross negligence was not pleaded nor proved.
2. Whether the award of special damages for license fee and insurance premium were justified.
RATIONES DECIDENDI
ONUS OF PROOF IN BAILMENT
It is no longer good law to import the so-called distinction between negligence and gross negligence into a case of bailment. Viewed in the sense of a breach of the duty to take care, which is really what concerns us in this case, it seems to us that there are no degrees of negligence Per IBEKWE, JSC
ONUS OF PROOF IN BAILMENT
In bailment, the onus of proving that there is no negligence is on the bailee. Per IBEKWE, JSC
MEASUREMENT OF DAMAGES
In law, the measure of damages in cases of this nature, would be the prevailing market value of the car at the material time Per IBEKWE, JSC
CASES CITED
1. Houghland v. R. R. Low (Luxury Coaches) Ltd. (1962), 1 QBD 694 at 697
2. Joseph Travers and Sons. Ltd. v. Cooper (1951) 1 KB 73 at 9
STATUTES REFERRED TO
Not Available
