Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(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
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
learned trial judge
contributory negligence
findings of fact
high court
major road
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…

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