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