Bassey Hogan V. Dorcas Adebisi Ogunyemi (1971)

LawGlobal-Hub Lead Judgment Report

LEWIS, J.S.C.

In the Magistrate’s court, Lagos in suit no. 824/66 the plaintiff’s claim read:

“The plaintiff’s claim against the defendant is for 400Pounds damages for injury to the plaintiff’s property by the escape of water from the defendant’s tap at No.7 Egerton Road, Lagos, Nigeria on the 5th March, 1966.

Particulars of Claim

1. The plaintiff is and was at all material times possessed of a room and parlour of the ground floor of the premises known as No.7, Egerton Road, Lagos, and the federal capital of Nigeria. The defendant is and was at all material times possessed of the first floor of the premises.
2. On or about the 5th March, 1966 and since that date the defendant wrongfully caused or allowed water to come or escape from his tap into the plaintiff’s premises and apartment and damage her properties.
3. Owing to the negligence of the defendant the tap was at all material times in a defective and dangerous condition or left to run on unstopped.

Particulars of Negligence

The defendant was negligent in that he

(i) left the tap to run on without stopping it;

(ii) failed to inspect the said tap regularly or at all;

(iii) allowed the said tap to fall into the said defective and dangerous condition;

(iv) with the knowledge or means of knowledge that the said tap was in the said condition failed to repair the same properly or at all;

(v). allowed the water from his tap to escape to the plaintiff’s premises.

4. Further or alternatively the defendant wrongfully allowed the said tap to be in a defective and dangerous condition aforementioned.
5. By reasons of the said matters the plaintiff’s premises; her wardrobe and apartments were flooded with water. The said water damaged plaintiff’s clothing and other properties.

The plaintiff and her family have been and are being caused annoyance and discomfort. The plaintiff has thereby suffered loss and damage.

Particulars of Special Damages

A. Damage to clothing: