SAMSON AYOOLA & ORS VS DAVID OGUNJIMI
September 4, 2025JAMES OGUNTIMEYIN VS KPEKPE GUBERE & ANOR
September 4, 2025Legalpedia Citation: (1964-04) Legalpedia 83180 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Apr 24, 1964
Suit Number: SC 81/1963
CORAM
BRETT JUSTICE, SUPREME COURT
TAYLOR JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
PARTIES
IBOJE ITAMBONG & ORS
APPELLANTS
MICHAEL AKONYE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants brought an action for damages on the ground that the respondents had trespassed into their land and removed 809 cubic yards of gravel.
HELD
The court held that the appeal based on trespass failed as the Ministry of Works has power to delegate its duties but that the court is not concerned with the question as to whether the plaintiffs (appellants) are or are not entitled to compensation for the gravel dug from their land and if so from whom
ISSUES
Whether the Ministry of Works in point of fact authorise or permit the defendant either directly or through Mr. Asika, the Provincial Engineer, to do the work the subject matter of the alleged trespass?
If the defendant was so authorised by the said Ministry, was the Ministry empowered to delegate its authority?
RATIONES DECIDENDI
ON WHOM LIABILITY LIES WHERE AUTHORITY IS DELEGATE
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
“Ever since Quarman v. Burnett it has been considered settled law that one employing another is not liable for his collateral negligence, unless the relation of master and servant existed between them. So that a person employing a contractor to do work is not liable for the negligence of that contractor or his servants. On the other hand, a person causing something to be done, the doing of which casts on him a duty, cannot escape from the responsibility attaching on him of seeing that duty performed by delegating it to a contractor.”
CASES CITED
Hardakar v. Idle District Council [1896] 1 Q.B. 335
Dalton v. Angus 6 App. Cas. 740, 829
STATUTES REFERRED TO
Building Regulation Ordinance of the 4th June, 1936, as amended by E.R.No. 4 of 1952
Public Health Act, 1875
