NEGLIGENCE IS A MATTER OF FACT, NOT LAW

This position of the law is inevitable because what amounts to negligence is not law but a question of fact which must be decided according to the facts and circumstances of a particular case. See: KALLZA v. JAMAKANI TRANSPORT LTD. (1961) ALL NLR 747; NGILARI V. MOTHERCAT LIMITED (1999) LPELR SC; (1999) 13 NWLR (PT. 636) 626.

— U. Onyemenam, JCA. P.W. Ltd. v. Mansel Motors (2017) – CA/J/240/2016

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THE APPROACH TO A CLAIM IN NEGLIGENCE

The approach to a claim in negligence comes into operation in the following circumstances: (a) On proof of the happening of an unexplained occurrence; (b) When the occurrence is one which would not have happened in the ordinary course of things without the negligence on the part of somebody other than the plaintiff and (c) The circumstances point to the negligence in question being that of the defendant rather than that of any other person.

– Shuaibu JCA. Diamond Bank v. Mocok (2019)

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TORT OF NEGLIGENCE AND THE ISSUE OF DAMAGES

The tort of negligence is a civil wrong consisting of breach of a legal duty to care which results in damage. Thus, three things must be proved before the liability to pay damages for tort of negligence and these are:- (a) That the defendant owned the plaintiff a duty to exercise due care. (b) That the defendant failed to exercise due care, and (c) That the defendant’s failure was the cause of the injury in the proper sense of that term.

– Shuaibu JCA. Diamond Bank v. Mocok (2019)

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WHAT IS NEGLIGENCE?

The Supreme Court in the case of HAMZA V. KURE (2010) LPELR-1351(SC) (P. 14, paras. E-G) Per Mohammad J.S.C., defined negligence thus: “As far back as 1856, Lord Alderson B., defined negligence to be the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. See: BLYTH V. BIRMINGHAM WATERWORKS COMPANY. [1856] 11 Exch. 781 at 784. It may consist in omitting to do something which ought to be done or in doing something which ought to be done either in a different manner or not at all.”

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NEGLIGENCE IS A QUESTION OF FACT NOT OF LAW

It is settled that negligence is a question of fact and not of law. So, each case must be decided in the light of facts pleaded and proved. No one case, is exactly like another. – NIMPAR, J.C.A. Diamond Bank v. Mocok (2019)

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ONUS OF PROVING NEGLIGENCE IS ON THE CLAIMANT

The onus of proving negligence is on the claimant who alleges it and unless and until that is proved, the onus of proof does not shift. In other words, where a claimant pleads and relies on negligence by conduct or action of a defendant, the claimant must prove by evidence the conduct or action and the circumstance of its occurrence which gave rise to the breach of the duty of care owed the claimant. It is only after this that the burden shifts to the defendant to adduce evidence to challenge the negligence on his part Universal Trust Bank of Nigeria Plc Vs Ozoemena supra.

— H.A.O. Abiru, JCA. P.W. Ltd. v. Mansel Motors (2017) – CA/J/240/2016

NEGLIGENCE ARISE WHEN A LEGAL DUTY OWED BY TO THE PLAINTIFF IS BREACHED

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NEGLIGENCE IS A MATTER OF FACT, NOT LAW

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THE APPROACH TO A CLAIM IN NEGLIGENCE

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TORT OF NEGLIGENCE AND THE ISSUE OF DAMAGES

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WHAT IS NEGLIGENCE?

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NEGLIGENCE IS A QUESTION OF FACT NOT OF LAW

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ONUS OF PROVING NEGLIGENCE IS ON THE CLAIMANT

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