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