Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2002) JELR 44673 (SC)    

Supreme Court  ·  SC.202/2000 ·  8 Mar 2002 ·  Nigeria
Other Citations
Ugochukwu v. Unipetrol (Nig.) Plc (2002) 7 NWLR (Pt.765) 1 (2002) 3 S.C 80
UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
statement of claim
filling station
learned trial judge
2nd day of june
trial court
2nd defendant
duty of care
1st defendant
concurrent findings of fact
judgment of the court of appeal
leading judgment
lower courts
said filling station
severe burns
supreme court
weight of evidence
a. i. katsina-alu
allegations of fact
alternative judgment
alternative judgment of the trial court
a. o. ejiwunmi
appellate courts
brother uthman mohammed
business premises of the respondents
conclusion of the hearing
conclusion of the trial
considered judgment
court of appeal.the court of appeal
credible evidence
decision of the court of appeal
foregoing reasons
general traverse
inter alia
judges of courts of first instance
marina filling station lagos
marina petrol filling station
mere traverse of material facts
negligence of the respondent
own car
police report
right upper arm
settled principle of law
severity of the burns
s. o. uwaifo
special circumstances
statement of defence
u. a. kalgo

U. MOHAMMED, JSC (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, Lagos Division. From the pleadings, the appellant who was plaintiff at the trial court claimed that on the 2nd day of June, 1993 he went to buy fuel at Marina filling station Lagos, belonging to the respondent. While he was at the filling station awaiting to buy fuel, explosion erupted and he was severely burnt in the face, neck, legs and upper limb. He was rushed to Oscar Clinic Lagos and due to severity of the burns he was transferred to Moria Clinic, Lagos. The appellant averred that the burns caused him permanent disability and was no longer able to take part in any sports as he used to do. He incurred substantial costs for his treatment both at Oscar and Moria Clinics. He gave particulars of the injuries he suffered and negligence of the respondent. He also relied on the doctrine of res ipsa loquitur. For the reasons disclosed in the Statement of claim the appellant cla…

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