ELDER OKON AARON UDORO & 5 ORS. VS THE GOVERNOR AKWA IBOM STATE
May 28, 2025PAUL ONYIA V THE STATE
May 28, 2025Legalpedia Citation: (2008-12) Legalpedia (SC) 61819
In the Supreme Court of Nigeria
Fri Dec 5, 2008
Suit Number: SC.309/2002
CORAM
NIKI TOBI, JSC JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN, JSC JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JSC,JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JSC,JUSTICE, SUPREME COURT(Lead Judgment)
JAMES OGENYI OGEBE, JSC JUSTICE, SUPREME COURT.
NIKI TOBI, JSC JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN, JSC JUSTICE, SUPREME COURT
NIKI TOBI, JSC JUSTICE, SUPREME COURT
NIKI TOBI, JSC JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN, JSC JUSTICE, SUPREME COURT
NIKI TOBI, JSC JUSTICE, SUPREME COURT
NIKI TOBI, JSC JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN, JSC JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JSC,JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN, JSC JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN, JSC JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN, JSC JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN, JSC JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN, JSC JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JSC,JUSTICE, SUPREME COURT
NIKI TOBI, JSC JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN, JSC JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JSC,JUSTICE, SUPREME COURT
NIKI TOBI, JSC JUSTICE, SUPREME COURT
NIKI TOBI, JSC JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JSC,JUSTICE, SUPREME COURT
PARTIES
R. O. IYERE APPELLANTS
BENDEL FEED AND FLOUR MILL LTD
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant sued for general and special damages for the injury suffered while working on the respondent’s plant. The trial court dismissed the claim on the ground that his co- employer who switched on the plant resulting in the injury was not joined as a party which was confirmed on appeal.
HELD
The court allowed the appeal and held that failure of the appellant to join the respondent’s duty operator as a defendant in the action against his master is not fatal to the claim.
ISSUES
1. Whether failure to join the respondent’s duty operator, one D. Agbator, as a defendant in the action against his master is fatal to the appellant’s claim?
2. Whether the Court of Appeal was right to dismiss the appellant’s claim founded on negligence?
RATIONES DECIDENDI
DUTY ON COURT TO ACT ON UNCHALLENGED EVIDENCE UNLESS INCREDIBLE
Where evidence given by a party is unchallenged or uncontroverted, a court of law must accept it and act on it unless it is palpably incredible- Muhammad J.S.C
A PLAINTIFF MAY CHOOSE EITHER OF JOINT TORTFEASORS TO SUE
Although the doctrine of joint tortfeasors in law of negligence postulates, in appropriate cases, that the commission of the same tort or wrongful act by the servant binds his master, this does not by all means impute that both must fall, sink or rise together. The law is that where several persons are jointly liable the plaintiff is at liberty to select and sue anyone or any number of them as he can recover his claim in full from those he sued. The issue of contribution among such persons to meet the claim is their internal affair- Muhammad J.S.C
DUTY OF EMPLOYER TO TAKE REASONABLE CARE
Where there exists a service relationship between employer and employee , the former is under a duty to take reasonable care for the safety of the latter in all the circumstances of the case so as not to expose him to an unnecessary risk- Muhammad J.S.C
CASES CITED
1. James v. Mid-Motors (Nig.) Co. Ltd. (1978) 11 – 12 SC 31 at page 682. Ifeanyi Chukwu Osondo Co. Ltd. v. Soleh Boneh (Nig.) Ltd. (1993) 3 NWLR (Pt.280) at page 2463. Onayemi v. Okunubi & Another (1965) All NLR 362;4. Peenok Investment Ltd. v. Hotel Presidential (1982) 12 SC 1 at 21 – 27 & 30 – 40.5. International Bank of West Africa Ltd. v. Imano (Nig.) Ltd. And Anor (2001) 6 SCNJ 470, (2001) 5 SCM, 91;6. Dr. Joseph Akhigbe v. Ifeanyi Chukwu Osundo Co. Ltd. & Anor (1999) 7 SCNJ 1.
STATUTES REFERRED TO
NONE
