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ROYAL ADE NIGERIA LTD V. NATIONAL OIL AND CHEMICAL MARKETING COMPANY

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ROYAL ADE NIGERIA LTD V. NATIONAL OIL AND CHEMICAL MARKETING COMPANY

Legalpedia Citation: (2004) Legalpedia (SC) 34709

In the Supreme Court of Nigeria

Fri Apr 16, 2004

Suit Number: SC. 3/2000

CORAM


AUGUSTINE NNAMANI, JUSTICE SUPREME COURT


PARTIES


1. ROYAL ADE NIGERIA LTD2. DAVID ADEGOKE (Trading Under the Name and Style of David Adegoke Enterprises) APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant claimed damages for the alleged negligence of the respondents resulting in the destruction of their petrol tanker.


HELD


The court held that even though res ipsa loquitor applied, the defendant/respondents had led sufficient evidence to show it was not negligent.


ISSUES


1. Whether the Court of Appeal was correct in holding on the evidence adduced by the respondent, that the respondent, discharged the burden of proof placed on it by the doctrine of Res Ipsa Loquitur.2. Whether the Court of Appeal was right in holding that the appellant did not plead the position of the vent pipe and if the answer is no, whether a miscarriage of justice was occasioned by that holding.


RATIONES DECIDENDI


CASES CITED


1. Wood V. Duncan (1946) A.C. 401.2. Bolton vs. Stone (1961) AC 850.3. Odebunbi vs. Abdullahi (1997) 2 NWLR (pt.489) 526.4. Management Enterprises Ltd vs. Otusanya (1987) 2 NWLR (pt.55) 179.5. Ibekandu vs. Ike (1993) 6 NWI.R (pt.299) 287 at page 297.6. Scott V. London & St. Katerine Docks Co 1865 3 H&C, 596 6017. Management Enterprises Ltd. V. Otunsanya 1987 1 NSCC 577


STATUTES REFERRED TO


NONE


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