LEGAL PRINCIPLE: CIVIL PROCEDURE – Parties – Non-Joinder – Interpretation of “Successful Action” Against Servant in Vicarious Liability Cases
PRINCIPLE STATEMENT
From the welter of authorities on the point—statutory, judicial and academic some of which I have cited in this judgment—it is a finding of liability against the servant that results in the master's liability. In other words, in an action against the master the plaintiff to succeed must produce sufficient evidence from which the court makes a finding of fact to the effect that the servant is liable for the tort complained of. That is, the plaintiff must establish the liability of the servant in order to succeed against the master in an action. To suggest otherwise, would mean that this court was laying it down that in every case of vicarious liability, the servant must first be successfully sued before the action against the master or that both must be jointly sued and a verdict entered against the servant before the master could be held accountable for his servant's tort. Such would not only be absurd and lead to injustice but would also run against the grain of all authorities—both Nigerian and foreign—on the point.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Ifeanyi Chukwu (Osondu) Ltd. v. Soleh Boneh Ltd. (2000) NLC-741994(SC) at pp. 12–13; Paras D–A.
"From the welter of authorities on the point—statutory, judicial and academic some of which I have cited in this judgment—it is a finding of liability against the servant that results in the master's liability. In other words, in an action against the master the plaintiff to succeed must produce sufficient evidence from which the court makes a finding of fact to the effect that the servant is liable for the tort complained of. That is, the plaintiff must establish the liability of the servant in order to succeed against the master in an action. To suggest otherwise, would mean that this court was laying it down that in every case of vicarious liability, the servant must first be successfully sued before the action against the master or that both must be jointly sued and a verdict entered against the servant before the master could be held accountable for his servant's tort. Such would not only be absurd and lead to injustice but would also run against the grain of all authorities—both Nigerian and foreign—on the point."
EXPLANATION / SCOPE
“Successful action” against a servant in vicarious liability does not require prior separate proceedings or joint suit. It means the plaintiff must prove, in the action against the master, sufficient evidence for the court to find the servant liable. The court makes a finding of the servant’s liability as a factual determination in the master’s case. This finding binds the master but does not require the servant to be a party. The alternative—requiring separate suit or joinder—would be absurd, inefficient, and contrary to established principle. Proof, not joinder, is the key.