TORT LAW — Negligence — Negligence as a Question of Fact — Duty and Causation Must Be Proved
Principle Statement
Negligence is a matter of fact, not law. Before finding a defendant liable, the court must carefully consider the evidence to ascertain whether negligence is established.
Ratio Decidendi (Source)
Per Oguntade, JSC, in M.O. Kanu, Sons & Company Limited v. First Bank of Nigeria Plc (2006) NLC-123-349-2001(SC) at p. 13; Para A.
"It is settled law that negligence is a matter of fact not law. See Kala v. Jarmakani Transport Ltd. [1961] All N.L.R. 747. Before a court finds a defendant liable in negligence to plaintiff's claim, the court must carefully consider the evidence called in order to ascertain whether or not negligence is established."
Explanation / Scope
Negligence is a factual determination requiring careful evidence assessment. The principle applies to tort law.
