Tort (158)
HELD:
"It is all settled that the State being immune from tortious liability cannot be held vicariously liable for tort committed by its servant.
HELD:
"Negligence is the omission or failure to do something which a reasonable man under similar circumstances can do, or the doing of something which a reasonable or prudent man would not do.
HELD:
"Negligence, according to the Oxford Advanced Learner's Dictionary, is the failure to give enough care or attention. Negligence connotes lack of proper care and attention. It is a careless lack of proper conduct.
HELD:
"In an action founded on Malicious Prosecution, for the person bringing it to succeed, must plead and lead evidence to prove: (a) That the defendant put the machinery of prosecution in motion. (b) That the criminal action ended in favour of the plaintiff.
HELD:
"Issue No. 4 of the appellants is not within the context of the case and this appeal which is whether the appellant had any legal justification of setting the legal Machinery of the police against the respondents without reasonable cause and in the absence of reasonable cause whether the law particularly the fundamental human right provisions do not provide due remedy or reliefs for the respondents who became victims of obnoxious use of the law?
HELD:
"...The general principle is that the tort of negligence arises when a legal duty owed by the defendant to the plaintiff is breached and to succeed in action or negligence the plaintiff must prove by the preponderance of evidence or the balance of probabilities that:
NEGLIGENCE: Definition of Negligence- MUSBAWU ABDULLAHI & ANOR v. ESTHER MAMZA(2013) LPELR-21964(CA)
HELD:
"Negligence has been defined in numerous authorities or cases to mean the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm, except for conduct that is intentionally want only or willfully disregardful of others rights.
HELD:
"The law is settled that a plaintiff or Claimant who in Civil Matter desires that a right or benefit should be declared or found in his favour against a defendant must plead adequate and direct or circumstantial facts that can sustain his case against his opponent.
HELD:
"Negligence, according to the Oxford Advanced Learner's Dictionary, is the failure to give enough care or attention. Negligence connotes lack of proper care and attention. It is a careless lack of proper conduct. In OGBIRI & ANOR v. NIGERIA AGIP OIL CO. LTD (2010) L.P.E.L.R.- 4586(CA), I stated, relying on ODINAKA v. MOGHALU (1992)4 N.W.L.R. (Pt. 233) 1 at 15; OJO v. GHARORO (2005) 18 L.R.C.N. 1652 at 1713 - 1713, that generally, negligence is an omission or failure to do something which a reasonable and prudent man, under similar circumstances, would not do. See also RABIU HAMZA v. PETER KURE (2010) 10 N.W.L.R. (Pt. 1203) 630 at 646 per Muhammad, JSC. Negligence is any conduct that falls below the legal standard established to protect others against unreasonable risk of harm. The term denotes culpable carelessness: Black's Law Dictionary, page 1133 9th Ed." P.C. ADEUSI ADESINA v. THE PEOPLE OF LAGOS STATE(2019) LPELR-46403(SC) Per EKO, J.S.C. (P. 12, Paras. B-F)
FACTS:
HELD:
''The burden of proof of negligence falls on the plaintiff who alleges negligence. This is because negligence is a question of fact, and it is the duty of he who asserts to prove it. Failure to prove particulars of negligence pleaded will be fatal to the case of the plaintiff. In cases of motor accidents the test to be applied in determining who was negligent is to look for the person whose negligence substantially caused the accident by determining whether or not that person could have avoided the collision by the exercise of reasonable care.'' ALHAJI KABIRU ABUBAKAR & ANOR. V. JOHN JOSEPH & ANOR.(2008) LPELR-48(SC)Per TOBI, J.S.C. (Pp.31-32, Paras.F-B)
FACTS: