“In the case in hand there is no dispute that the wife had the general authority and consent of her husband to drive his car. That by itself is equivocal and the evidence in the case does not support any finding that the two women were on any mission in the purposes of which the defendant had any interests. In the same way, in Higbid v. R. C. Hammet Ltd. (1932) 49 T.L.R. 104, it was held that the defendants were not liable for the negligence of one of their rounds men who had knocked down the plaintiff while he was riding his employer’s bicycle with his employer’s permission in going home to his dinner. In that case Scrutton, L.J. in giving judgment (Court of Appeal) observed as follows:- “When an employee, for his own purposes, used his employers’ bicycle, by the employers’ permission, the employers were not liable for the employee’s negligence.”
Per COKER, JSC in DUCLAUD V. GINOUX (1969) LCER-487(SC) (Pp 8 – 9, Paras D – B)
See Also:
- COURT: Duty of Courts — Whether Courts Have a Duty in the Affairs of Fundamental Rights of an Individual
"Matters involving the fundamental rights of any person, especially the liberty of the individual, should be given priority over all other matters and heard immediately they are filed in Court.…
- APPEAL - INTERFERENCE WITH THE EXERCISE OF DISCRETION - Whether the grant or refusal of an application for bail is at the discretion of the Court; where an appellate court will not interfere
APPEAL - INTERFERENCE WITH THE EXERCISE OF DISCRETION - Whether the grant or refusal of an application for bail is at the discretion of the Court; where an appellate court will not interfere:
- CRIMINAL LAW AND PROCEDURE - GUILT OF AN ACCUSED PERSON - Duty of the prosecution and the Court in proving the guilt of an accused person
"The appellant, in the instant case, was charged with four offences, conspiracy to commit an offence, armed robbery and attempted armed robbery. They all require to be proved beyond reasonable…