WEMA BANK (NIG) LTD & ORS VS S.U. ODULAJA & ORS
June 26, 2025DEACON J.K OSHATOBA & ANOR V JOHNSON OLUJITAN & ANOR
June 26, 2025Legalpedia Citation: (2000) Legalpedia (SC) 18010
In the Supreme Court of Nigeria
Fri Mar 10, 2000
Suit Number: SC.74/1994
CORAM
S.M.A. BELGORE JUSTICE, SUPREME COURT
M.E. OGUNDARE JUSTICE, SUPREME COURT
U. MOHAMMED JUSTICE, SUPREME COURT
S.U. ONU JUSTICE, SUPREME COURT
PARTIES
IFEANYI CHUKWU (OSONDU) CO. LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
On 29th May, 1981, the Plaintiff (who is appellant in this appeal) sued the Defendant (now respondent) claiming N64,521 damages it suffered as a result. The accident involved the two vehicles of the parties. The action was instituted against Mosudi Akanbi, defendant’s driver and the defendant. Following difficulties encountered in getting Mosudi Akanbi to be served with the writ of summons, the action was withdrawn against him and his name was struck off the proceedings.
HELD
On 29th May, 1981, the Plaintiff (who is appellant in this appeal) sued the Defendant (now respondent) claiming N64,521 damages it suffered as a result. The accident involved the two vehicles of the parties. The action was instituted against Mosudi Akanbi, defendant’s driver and the defendant. Following difficulties encountered in getting Mosudi Akanbi to be served with the writ of summons, the action was withdrawn against him and his name was struck off the proceedings.
ISSUES
Whether the Courts below were right when held the matter cannot successfully adjudicated upon without the inclusion of the defendant
RATIONES DECIDENDI
JOINDER/NON-JOINDER OF PARTIES
In order to join master and servant as joint tortfeasors there must be a concurrence in the act or acts causing damage, not merely a coincidence of separate acts which by their conjoined effect cause damages. The injuria as well as the damnum must be the same. Being joint tortfeasors, therefore, a plaintiff is at liberty to chose his victim; he may decide to sue either of the master and servant separately or both of them jointly. Where he sues one of them separately and succeeds, this is not a bar to an action against the other who would if sued, have been liable as a joint tortfeasor in respect of the same damage. Per Michael E. Ogundare, JSC
VICARIOUS LIABILITY OF A MASTER- WHAT THE PLAINTIFF MUST PROVE
For the plaintiff to succeed he must establish the liability of the servant in order to succeed against the master in an action. Per Michael E. Ogundare, JSC
JOINDER/NON-JOINDER OF PARTIES
No cause or matter shall be defeated by reason of the non-joinder of parties and the court may in every cause or matter deal with the matter in controversy so far as regards the rights and interest of the parties actually before it. Failure to join as a party a person who ought to have been joined will not render the proceedings a nullity on ground of jurisdiction or competence of the court. It is only where a person is a necessary party in the sense that the person is likely to be affected by the result of the action that his joinder becomes essential. For the court ought to have before it such parties as would enable it to “effectually and completely adjudicate upon and settle all the questions -Per Michael E. Ogundare, JSC
VICARIOUS LIABILITY OF A MASTER- WHAT THE PLAINTIFF MUST PROVE
1. establish the liability of the wrongdoer, and prove
2. that the wrongdoer is a servant of the master and
3. that the wrongdoer acted in the course of his employment with the master. Per Michael E. Ogundare, JSC
CASES CITED
1. Launchbury v. Morgans (1971) 2 QB 243, 2532. Uku v. Okumagba (1974) 1 All NLR (Part. 1) 4753. Okoye v. Nigerian Cons. & Furniture Co. Ltd. (1991) 6 NWLR (Pt. 302) 6924. Tubervill v. Stamp (1697) 1 Ld. Raym. 2645. Young v. Edward Box Co. Ltd. (1951) TLR 789; 7936. Dyer v. Munday (1895) 1 QB 7427. The Koursk (1924) p. 140, 156, 159?
STATUTES REFERRED TO
NONE
