Court of Appeal · 2 Jun 1994 · Nigeria
Gbolade v. Oladejo (1994) 8 NWLR (Pt. 362) 281
ALOMA MARIAM MUKHTAR, J.C.A. (Presided), GEORGE ADESOLA OGUNTADE, J.C.A. (Read the Leading Judgment), ISA AYO SALAMI, J.C.A. (Dissented)
Core Terms Beta
learned trial judge
particulars of negligence
amended statement of claim
right side of the road
quantum of damages
question of negligence
statement of claim
analysis of the law
applicability of the principles of res ipsa loquitur
confines of the facts
day of the accident
determination of the issue of negligence stricto sensu
engine of my motor-cycle
facts of negligence
finding of the learned trial judge
holding of the trial court
judicial notice of the following facts
judicial notice of the rule of the road
junction of mamu
learned trial judge ought
particulars of negligence of the 1st defendant
plea of res ipsa loquitur
support of the alleged negligence
wrong side of the road
SALAMI, J.C.A. (Dissenting): I have read the judgment of my learned brother Oguntade, J.C.A. and I agree with his analysis of the law touching upon applicability of the principles of res ipsa loquitur and quantum of damages. I do not have anything further to add except to adopt them as mine.
However, on the question of negligence I am unable to accept that the plaintiff and not the defendant was negligent. I am therefore respectfully dissenting solely on the question of liability for negligence.
In paragraphs 4(a) - (f) of the amended statement of claim the plaintiff pleaded the particulars of negligence he relied upon as follows -
"Particulars of negligence
(a)Driving at an excessive speed.
(b)Driving unto the wrong side of the road and thereby colliding with the plaintiff when the plaintiff had completely kept on his right side of the road.
(c)Failing to keep any or proper look-out or to have any sufficient regard for other traffic, particularly on-coming traffic on the said road.