Subuola Olukolu V. A. O. Oyekoya (1949)
LawGlobal Hub Judgment Report – West African Court of Appeal
Bailment—Gratuitous bailment—What diligence demanded of gratuitous bailee—Negligence of gratuitous bailee.
Facts
On the facts of this case, which are fully set out in the judgment, it was held that the respondent was a gratuitous bailee of certain goods. He dealt with them in such a way as to be guilty of gross negligence within the definition given by Lord Holt in Coggs v. Bernard (3) and was therefore liable in damages to the bailor.
Held
A gratuitous bailee must show, where the goods the subject of the bailment are, for instance, lost, that the loss occurred through no want of reasonable care on his part.
Appeal allowed.
