K. S. OKEAYA V. MADAM EKIOMADO AGUEBOR
August 29, 2025SALAWU OYELADE VS SANUSI ARAOYE AND THE ATTORNEY-GENERAL WESTERN NIGERIA
August 29, 2025Legalpedia Citation: (1967-12) Legalpedia 20265 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Dec 22, 1967
Suit Number: SC 636/1965
CORAM
BRETT JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
PARTIES
T.O. KUTI AND ANOTHER
APPELLANTS
SALAWU TUGBOBO
RESPONDENTS
AREA(S) OF LAW
NEGLIGENCE – RES IPSA LOQUITUR-EVIDENCE- DAMAGES
SUMMARY OF FACTS
The 2nd appellant drove a lorry he had taken on hire purchase from the 1st appellant on a wet and narrow road with fresh laterite close to a bridge negligently resulting in a skid which caused the accident from which the respondent suffered injuries.
HELD
The court held that the 1st appellant was not liable because the 2nd appellant was not driving the lorry as his servant and that the 2nd appellant was liable on the principle of res ipsa loquitur.
ISSUES
1 Whether the 1st appellant was vicariously liable for the negligence of the 2nd appellant.
2 Whether negligence was established against the 2nd appellant.
RATIONES DECIDENDI
HOW TO PLEAD RES IPSA LOQUITUR
1. ‘Res ipsa loquitur is raised in one of two ways: either specifically by reciting the Latin maxim or in the alternative by making it known that the plaintiff intends to rely on the very collision itself as evidence of negligence.’ Per Lewis J.S.C
RES IPSA LOQUITUR
2. If the defendant is prima facie in the wrong to show that the accident was due to a skid will not of itself be enough but the defendant must go further and prove that the skid was not due to his default.’ Per Lewis J.S.C
CASES CITED
1. Smith v. Bailey [1891] 2 Q.B. 403
2. Orajekwe v. Mbieri and Anor. F.S.C. 345/1960
3. Hunter v. Wright [1938], 2 All E.R. 621 at 624
4. Scott v. London Dock Co., (1865) 3 H & C. 596 at 601
STATUTES REFERRED TO
