5
credible and reliable evidence at the trial. See Universal Trust Bank
of Nigeria v. Fidelia Ozoemena (2007)1 S.C. (pt.11) 211; (2007) All
FWLR (pt.358) 1014. Mere accident without more, cannot on its own
ground found an action in negligence but it must be proved that the
defendant’s negligence caused or resulted in the accident and not
just accident occurred. In accident cases, the Plaintiff must state and
prove all material facts of the accident describing what each party
was alleged to have attempted to do, done or not done, describing
clearly what led to the accident. The particulars of the negligence
must be fully pleaded and proved.
See Joseph & Anor. v. Alhaji
Abubakar & Anor. (2002) FWLR (pt.91) 1525.
In this case, the Plaintiff’s pleading in paragraph 4 which I
reproduced earlier was to the effect that on the 14th of July, 2011
they received news that one of their buses was involved in a fatal
accident. The averment in paragraph 5 was to the effect that when
they got to the scene of the accident, they discovered that one of
their buses had been crushed by a Honda Civic car. In paragraph 10
they averred that from the measurements taken it was discovered
that the defendant who was coming from a particular lane jumped to
the lane of the Plaintiff’s vehicle thus resulting in the accident.
The law is settled that pleadings do not constitute evidence.
See N. I. M. V. Ltd v. F. B. N. Plc (2009)16 NWLR (pt.1167) 411. In
the instant case, in addition to the brevity of the pleading, there is no
admissible evidence at all.
The lone witness, Mr. Sunday Nnadi
adopted his witness statement on oath dated 26th September, 2012
and filed the same date. In it, he stated that he was the general
Manager of the Plaintiff Company. That on the 14th of July, 2012