UNIVERSAL TRUST BANK OF NIGERIA V FIDELIA OZOEMENA

CORAM

IDRIS LEGBO KUTIGI, JUSTICE, SUPREME COURT

PARTIES

UNIVERSAL TRUST BANK OF NIGERIA. APELLANT(S) / CROSS RESPONDENT(S)

FIDELIA OZOEMENA RESPONDENTS / CROSS APPELLANTS

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent was neighbour to the appellant who had a plot of thick bush at the back of its building which caught fire during a fire outbreak and consequently, the respondent’s house was burned. The respondent filed an action for negligence against the appellant. The trial court found in favour of the respondent.

HELD

Appeal allowed, the Court held that the tort of Negligence was not proved against the defendant/appellant

ISSUES

1. Whether the learned Justices of the Court of Appeal were right in coming to the decision that negligence had been established against the defendant/appellant.2. Whether the learned Justices of the Court of Appeal were right in affirming the award made by the trial court of the special damages claimed.

RATIONES DECIDENDI

NATURE AND PROOF OF NEGLIGENCE

“Negligence is a tort and it is complete when three conditions are satisfied. These are: (1) The defendant owes a duty of care to the plaintiff; The defendant has acted or spoken in such a way as to break that duty of care; The conduct of the defendant was careless” PER U.A. KALGO, JSC

HOW TO SUCCEED IN AN ACTION FOR NEGLIGENCE

“For a plaintiff to succeed in an action for negligence, he or she must plead all the particulars in sufficient detail of the negligence alleged and the duty of care owed by the defendant and all these must be supported by credible evidence at the trial.” PER U.A. KALGO, JSC

CASES CITED

1. Agbonmagbe Bank Ltd v. C.F.A.O (1966) 1 All NLR 1402. Koya v. U.B.A (1997) 1 NWLR (Pt. 481) 251.3. Honeywill & Stein Ltd. v. Larkin Bros. Ltd. [1934] 1 K.B. 1914. Green v. Fibreglass [1958] 2 Q.B. 245

STATUTES REFERRED TO

None

UNIVERSAL TRUST BANK OF NIGERIA V FIDELIA OZOEMENA

CHIEF ADEFIOYE ADEDEJI V J.O. OLOSO & ANOR

BARRISTER OKEY UZOHO & ORS V. NATIONAL COUNCIL ON PRIVATIZATION & ANOR

CHIEF ADEFIOYE ADEDEJI V J.O. OLOSO & ANOR

BARRISTER OKEY UZOHO & ORS V. NATIONAL COUNCIL ON PRIVATIZATION & ANOR

UNIVERSAL TRUST BANK OF NIGERIA V FIDELIA OZOEMENA

Legalpedia Citation: (2007) Legalpedia (SC) 01134

In the Supreme Court of Nigeria

Fri Jan 26, 2007

Suit Number: SC. 129/2001

CORAM

PARTIES

AREA(S) OF LAW

SUMMARY OF FACTS

HELD

ISSUES

RATIONES DECIDENDI

NATURE AND PROOF OF NEGLIGENCE

HOW TO SUCCEED IN AN ACTION FOR NEGLIGENCE

CASES CITED

STATUTES REFERRED TO

CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

UNIVERSAL TRUST BANK OF NIGERIA V FIDELIA OZOEMENA

CHIEF ADEFIOYE ADEDEJI V J.O. OLOSO & ANOR

BARRISTER OKEY UZOHO & ORS V. NATIONAL COUNCIL ON PRIVATIZATION & ANOR

CHIEF ADEFIOYE ADEDEJI V J.O. OLOSO & ANOR

BARRISTER OKEY UZOHO & ORS V. NATIONAL COUNCIL ON PRIVATIZATION & ANOR

Legalpedia Citation: (2007) Legalpedia (SC) 01134

In the Supreme Court of Nigeria

Fri Jan 26, 2007

Suit Number: SC. 129/2001

CORAM

PARTIES

AREA(S) OF LAW

SUMMARY OF FACTS

HELD

ISSUES

RATIONES DECIDENDI

NATURE AND PROOF OF NEGLIGENCE

HOW TO SUCCEED IN AN ACTION FOR NEGLIGENCE

CASES CITED

STATUTES REFERRED TO

CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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