Essential Ingredients of Negligence

CASE TITLE: BIU UNITED CO. (NIG) LTD & ANOR v. GTB PLC & ANOR (2024) LPELR-61663(CA)

JUDGMENT DATE: 22ND FEBRUARY, 2024

PRACTICE AREA: TORT

LEAD JUDGMENT: MUSLIM SULE HASSAN, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on a tort of negligence.

FACTS:

This is an appeal against the decision of the Kaduna State High Court sitting at Kaduna, delivered by Hon. Justice D.S. DYOM.

The appellants, in their pleadings before the trial court, asserted that the 2nd appellant, a businessman and managing director of the 1st appellant, faced issues with the BVN enrollment process at the 1st respondent’s bank. They claimed that a transfer made to Oby Genevieve Okafor from the 2nd appellant’s account with the 1st respondent was initially reversed due to the absence of a BVN. The 2nd appellant then started the BVN enrollment process at the 1st respondent but stopped midway, as no instructions were given to enroll corporate accounts.

After successfully making the transfer to Genevieve, he discovered he had already been enrolled at the 2nd respondent, suspecting it was related to the incomplete process at the 1st respondent. Despite the appellants’ efforts, both respondents allegedly hindered the BVN enrollment, causing the 2nd appellant’s account to be inoperable by the October 31, 2015 deadline. The appellants argued that this resulted in significant business disruptions, financial losses, and difficulties paying school fees. They sought N5,000,000.00 in general damages, which the trial court dismissed at the close of the hearing and defense.

The Appellants, being aggrieved with the decision of the trial Court dismissing their claims, appealed against the same to the Court of Appeal.

ISSUES FOR DETERMINATION:

The sole issue for determination is:

“Whether the Appellants have proved their case to be entitled to judgment in damages against the Respondents?”

DECISION/HELD:

The appeal was dismissed.

RATIOS:

• TORT – NEGLIGENCE – What amounts to negligence and what must a plaintiff prove to establish negligence?
• ACTION – PLEADINGS – Whether parties and the Court are bound by pleadings filed and exchanged; effect of leading evidence on unpleaded facts
• TORT – NEGLIGENCE – On whom lies the burden of proving negligence?
• TORT – NEGLIGENCE – Requirements to succeed in claim of negligence

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