Principle Statement

I entirely agree with the learned trial judge that the failure of DW2 the 2nd Respondent to see the oncoming vehicle of PW1 the Appellant to give it its right of way to pass along its lane on the highway before turning to cross the lane of Appellant in order to enter the 1st Respondent's factory, was the sole cause of the accident thereby absolving PW1 the Appellant from any liability in contributory negligence.

Ratio Decidendi (Source)

Per Mohammed, JSC, in Oshe v. Okin Biscuits Limited & Anor (2010) NLC-123-396-2002(SC) at pp. 10ā€“11; Paras Eā€“B.

"I entirely agree with the learned trial judge that the failure of DW2 the 2nd Respondent to see the oncoming vehicle of PW1 the Appellant to give it its right of way to pass along its lane on the highway before turning to cross the lane of Appellant in order to enter the 1st Respondent's factory, was the sole cause of the accident thereby absolving PW1 the Appellant from any liability in contributory negligence." Per Mohammed, JSC, in Oshe v. Okin Biscuits Limited & Anor (2010) NLC-123-396-2002(SC) at pp. 10ā€“11; Paras Eā€“B.
View Judgment ā†’

Explanation / Scope

This principle establishes that failure to see an oncoming vehicle and give way can be the sole cause of an accident, absolving the other driver from contributory negligence. The principle applies in negligence claims involving road accidents. It ensures that liability is assigned to the party at fault. The principle reflects that right of way is a key factor. It prevents apportioning blame where one party is solely at fault. The court must determine the cause of the accident. The principle provides guidance on assigning liability in road accidents.

Cases Applying This Principle

Chief E.A. Oshe, SAN v. Okin Biscuits Limited & Jimoh Adeniyi