MOHAMMED JUWO VS. ALHAJI SHEHU
July 10, 2025PETER DURUGO VS THE STATE
July 10, 2025Legalpedia Citation: (1992-10) Legalpedia 29515 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Oct 2, 1992
Suit Number: SC 12/1990
CORAM
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
KAWU JUSTICE, SUPREME COURT
NNAEMEKA-AGU JUSTICE, SUPREME COURT
OGWUEGBU, JUSTICE, SUPREME COURT
MOHAMMED JUSTICE, SUPREME COURT
PARTIES
NEPA
APPELLANTS
R.O. ALLI
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The defendant’s transformer, due to its negligence, went up in flames and destroyed all the plaintiff’s machines and machinery. The Plaintiff then claimed for damages
HELD
The Supreme Court was satisfied that negligence on the part of the appellant was proved.
ISSUES
Whether the appellant had led sufficient evidence to rebut the presumption of negligence
RATIONES DECIDENDI
CONDITIONS FOR APPLICATION OF RES IPSA LOQUITUR
“In my opinion, the principle of res ipsa loquitur has no application to this case. For the application of the doctrine rests squarely on three conditions, namely: that the thing which caused the damage was under the care and control of the defendant; that the occurrence is such that it could not have happened in the absence of negligence; and that there is no evidence as to why or how the occurrence took place.” Per NNAEMEKA-AGU, JSC
CASES CITED
Rylands v. Fletcher (1868) L. R. 1 Exch. 265
Liesbosch Dredger v. S.S. Edison (1933) A.C. 449
Geddis v. Proprietors of Bann Reservoir (1878) 3 App. Cas 430
STATUTES REFERRED TO
The National Electricity Act
The Evidence Act
