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TILBURY CONSTRUCTION COMPANY LIMITED AND ANOR VS SUNDAY OGUNNIYI

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TILBURY CONSTRUCTION COMPANY LIMITED AND ANOR VS SUNDAY OGUNNIYI

Legalpedia Citation: (1988-03) Legalpedia (SC) 61151

In the Supreme Court of Nigeria

Fri Mar 18, 1988

Suit Number: SC. 217/1985

CORAM


AUGUSTINE NNAMANI JUSTICE, SUPREME COURT

MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT

SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT

AYOOLA JUSTICE, SUPREME COURT

ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT


PARTIES


1. TILBURY CONSTRUCTION CO. LTD

2. R. SMITH

APPELLANTS 


SUNDAY OGUNNIYI

RESPONDENTS 


AREA(S) OF LAW


Not Available

 


SUMMARY OF FACTS

The respondent, Sunday Ogunniyi who was plaintiff at the trial Court, was employed as crane operator by the appellant company, Tilbury Construction Company Limited. On 30th January, 1980 the respondent who duly reported for duty was asked by Mr. Smith, a mechanical engineer with the company, to inflate a grader tyre. He did not want to do this assignment as it was not his duty, but Mr. Smith insisted. He set about inflating the tyre whose pressure gauge he did not know but was assured by Mr. Smith that he would be told whenever the tyre was inflated to the correct pressure. He kept on pumping in air, and at a stage, he called on Mr. Smith and suggested that the air was probably enough, but he was told to keep on pumping. The plaintiff was not provided with a pressure gauge or protective goggle. Suddenly the tyre exploded with great force and threw up shrapnels which injured the plaintiff grievously. The respondent instated an action.

 


HELD


APPEAL DISMISSED

 


ISSUES


Not Available

 


RATIONES DECIDENDI


POWER OF THE SUPERIOR COURT TO DISMISSED ANY APPEAL THAT LACKS MERRIT



CASES CITED


Not Available

 


STATUTES REFERRED TO


Not Available

 


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