ALHAJI Y.A.O. BELLO VS THE DIOCESAN SYNOD OF LAGOS & ORS
August 15, 2025HOLTS TRANSPORT LIMITED VS K.CHELLARAMS & SONS (NIG.) LTD
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 21711
In the Supreme Court of Nigeria
Wed Mar 21, 1973
Suit Number: SC. 332/1970
CORAM
YEKINI OLAYIWOLA ADIO (Read the Leading Judgment), JUSTICE, SUPREME COURT
DANIEL O.. IBEKWE, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
M.J. EVANS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claimed against the defendant damages for personal injuries caused by negligent driving of the defendant of a motor vehicle at Apapa Wharf in Lagos.
HELD
The Court held that it was satisfied that having found that the plaintiff was primarily liable in negligence for the accident, the learned trial Judge was wrong in his conclusions that the defendant was to share in the blame.
ISSUES
Whether the learned trial Judge was in error of law in holding him, that is the defendant, contributorily negligent in view of his own clear findings that the plaintiffs negligence was the cause of the accident.
RATIONES DECIDENDI
CONTRIBUTORY NEGLIGENCE
“Contributory negligence means that the party charged is primarily liable but that the party charging him has “contributed” by his own negligence to what had eventually happened.” Per COKER, JSC
CASES CITED
1. Hicks v. British Transport Commission (1958) 1 WLR 493
2. Stapley v. Gypsum Mines Ltd. (1953) AC 663
3. Butterfield v. Forrester (1809) 11 East 60 at p. 1116
STATUTES REFERRED TO
1. The Law Reform (Contributory Negligence) Act, 1945
