EVANS
V.
BAKARE

(1973) JELR 46145 (SC)

Supreme Court · SC.332/1970 · 21 Mar 1973 · Nigeria
·

Other Citations

(1973) All N.L.R 181 (1973) 3 S.C. 53

CORAM

GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms ^Beta

defendant

plaintiff

learned trial judge

contributory negligence

appeal

road

parties

findings of fact

high court

major road

trial

25th day of march

account of his own negligence

application of common sense

approach of the plaintiff

auto-cycle damage

case of lang v

course of his judgment

crucial finding

defendant damages

doctrine of res ipsa loquitur

error of law

g. b. a. coker

gypsum mines ltd.

important principles of the law of negligence

judgment of adebiyi j.

leading judgment

major roads

minor road

necessary preconditions of a particular result-damage

negligence of the plaintiff

opposite direction

particulars of negligence

particulars of the negligence of the defendant

plaintiffs solex cycle

present case

principle of contributory negligence

privy council

result of the matters

right side of the plaintiffs solex cycle

simple facts of life-facts

simple language

small minor road

sole cause of the accident

statement of claim

view of his own clear findings

whole story of the defendant

wrong inferences

G. B. A. COKER, JSC (Delivering the Leading Judgment): This appeal is from the judgment of Adebiyi J., High Court, Lagos, in an action instituted by the respondent, as plaintiff, against the appellant who was the defendant in the High Court. In the action, the plaintiff had claimed against the defendant damages "for personal injuries caused by negligent driving of the defendant of a motor vehicle No. MS 248 on the 25th day of March, 1967 at Apapa Wharf in Lagos." The plaintiff also endorsed on the writ the particulars of the negligence of the defendant on which he would rely at the trial as follows

"Particulars of Negligence

The defendant was negligent in that he:

1. Failed to keep proper or any look out or to observe or heed the presence or approach of the plaintiff.

2. Drove at a speed which was too fast in the circumstance.

3. Failed to stop, to slow down or to swerve or in any other way so as to manage or control the said vehicle MS 248 so as to avoid hitting plaintiffs Solex cyc…

EVANS V. BAKARE

EVANS
V.
BAKARE