Elijah Idise & Ors Vs Williams International Limited (1995)

LAWGLOBAL HUB Lead Judgment Report

WALI J.S.C. 

This is an appeal from the judgment of the Court of Appeal, Benin division in which it set aside the judgment of Ughelli High Court presided over by Omo-Agege J, (as he then was) striking out the plaintiffs’ (now appellants’) claim for incompetence on ground that the plaintiffs could not in law sue in a representative capacity.

In the trial court, the six plaintiffs (jointly for themselves and on behalf of Owevwen Community Agbarha) sued the defendant claiming the sum of N500,000.00 as general damages for negligence resulting in damaging the only road leading from Owevwen village to Ughelli – Agbarha Otor Road, rendering it impassable to vehicular as well as pedestrian traffic.

The claims were denied by the defendant. On the order of the trial court, the parties filed and exchanged pleadings.

The particulars of negligence and the damages suffered as a result thereof are contained in the following paragraphs of the Statement of Claim:-

“9. The defendant, while laying pipes across the said road at a point a few yards from Owevwen village, dug a deep trench across the road but after laying the pipes negligently filled it up that it left that portion as a valley into which all rain Water in the area around it collects and thereby cause a deep pool of water across the road which also makes it impossible for vehicles to pass to and from the plaintiffs’ town. It also creates difficulties for member of Owevwen community to pass through it to their farms.

Particulars of Negligence

(i) Failure on the defendant to cover up the track of the pipeline across the road so as to avoid water collecting on that portion of the road.

(ii) Failing to foresee that if the pipeline track is not raised high it will be covered up by water during the rainy season.

10. The damage caused to the road as pleaded in paragraphs 8 and 9 above paralysed the economic life of the plaintiffs’ community from about December, 1979 till the time the plaintiffs filed this action and still doing so.
11. Many a time women with cassava loads on their heads returning from their farm would fall with their loads when attempting to wade across the pool of water stretching across the road as a result of the negligence of the defendant. Men also carry their bicycles on their shoulders or heads across the pool of water. Traders could not carry their wares to the market or got to Warri and other places to buy wares. The plaintiffs shall tender during the trial some of the photographs taken during the period to show the pathetic and sorry situation plaintiffs found themselves as a result of the defendant’s negligent act.
12. The plaintiffs could not attend even their own market at the junction due to the horrible condition of the road.
13. Some members of the community who during the process of attempting to walk across that portion of the road got themselves injured and were treated by native doctors and experts in bone setting. ”

On the evidence adduced before him, the learned trial Judge made the following findings –

“I find that by their negligent conduct they caused the road to be flooded as alleged and thereby made it impossible for vehicle to use it to and from Owevwen Village as before. The photograph, Exhibit “B”, clearly shows the difficulties experienced by the people – in it, is a man with trousers rolled up to his knees trying to push his motor-cycle through the pool; some three other men each

carrying his bicycle and yet another man all trying to find their way. The look in their faces is one of sadness.

“I am of the opinion that the company owed a duty of care to Owevwen Community in respect of the road and having interfered with it were under a duty to return it to its original condition, that is, to keep it motorable; for their failure to do so they are liable to the plaintiffs.

Now to damages – As could be seen from the evidence, the economic life of the plaintiffs was paralysed over a period of time. I believe the evidence that the company paid no heed to the complaints made to them.”