(1965) LCER-342(SC) #
Case Summary #
Area of Law: #
This case concerns the law of negligence, specifically regarding liability for damages arising from a road accident under common law and the Fatal Accidents Law of Western Nigeria.
Brief Facts: #
The appeal involves a lorry accident where the appellant, driving between Ibadan and Ife, overturned due to alleged negligence, resulting in fatalities and injuries among passengers. The plaintiffs claimed negligence based on specific instances such as excessive speed, failure to keep a proper lookout, and defective tyres. The trial judge applied the maxim *res ipsa loquitur* (the thing speaks for itself) to infer negligence, especially relying on a statement made by the driver in a police file.
Legal Issues: #
1. Whether the trial judge correctly applied the maxim *res ipsa loquitur* given the circumstances of the accident.
2. Admissibility of the statement from the police file as evidence in a civil case.
3. Assessment of damages under the Fatal Accidents Law for dependents of deceased victims.
Ratio Decidendi: #
The court upheld the trial judge’s application of *res ipsa loquitur*, ruling that negligence could reasonably be inferred from the circumstances described and the admitted evidence. It emphasized that the pleadings, though not perfectly precise, sufficiently allowed for invoking the maxim. The court also determined that the statement in the police file was admissible in a civil case, as formal proof of documents can be waived under civil procedure rules.
Regarding damages, the court upheld the awards for a severely injured respondent but remitted the case for a retrial on the issue of damages for dependents under the Fatal Accidents Law, due to insufficient evidence of their degree of dependence on the deceased.
Decision: #
The court dismissed the appeal on liability, affirming the trial judge’s finding of negligence. It partially allowed the appeal on damages, upholding the award for one respondent but ordering a retrial for others to determine the appropriate damages under the Fatal Accidents Law. Costs were awarded jointly to the respondents.