C. A. OPUTA, JSC (Delivering the leading judgment): The essential facts of this case are in the main not in dispute. What seems to be in dispute is whether from those facts one could have drawn the inference of negligence as the trial court and the Court of Appeal did.
The plaintiff in the court of first instance and respondent in this Court "trades on beer and soft drinks on a retail basis or runs a beer parlour." For the purposes of the said beer parlour, the plaintiff/respondent bought from the defendant/appellant "a kerosine fridge known as and called Evercold Refrigerator/Cooler" Serial Number S/W.77464 OM. 2812. The said refrigerator was delivered by the defendant/appellant to the plaintiff/respondent on 1212175. On or about 14/2/75, the said fridge sold to the plaintiff/respondent caught fire while in use. The plaintiff/respondent promptly reported this incident to the defendant/respondent who instructed one of its technicians to accompany the plaintiff/respondent to her beer p…