A. Ibegbu V. Lagos City Council Caretaker Committee & Anor. (1974)

LawGlobal-Hub Lead Judgment Report

A. G. IRIKEFE, J.S.C. 

The issue raised by this appeal fits within a narrow compass. The appellant herein instituted before the Lagos High Court, an action worded thus:-“The plaintiff’s claim against the defendants jointly and severally is for the sum of Five Thousand Pounds (N35,000) being special and general damages suffered by the plaintiff when on the 6th day of October, 1969, the 2nd defendant as servant and driver of the 1st defendants drove a bus No. LG 2105  belonging to the 1st defendants in such a very negligent manner that the said bus collided with the plaintiff’s HONDA MOTORCYCLE No. LO 9407 and damaged it beyond repairs. The plaintiff was seriously injured as a result of the collision.”
For the purpose of this appeal the material averments are to be found in paragraphs 1, 2, 3, 4 and 5 of the Statement of Claim. These read as follows:-

(1)   The plaintiff was at all times material to this action an Insurance Clerk Employed by Law Union and Rock  Insurance Company Nigeria Limited and the owner of motorcycle No. LO 9407.

(2)   The 1st defendant is a City Corporation carrying on Municipal Transport Services within Lagos State and the owner of the commercial vehicle No. LO 2105.

(3)   At all material times the 2nd defendant, Raufu Adetona was a servant or agent of the 1st defendant and drove with the 1st defendant’s authority for the purpose of the 1st defendant’s business the said vehicle No. LG 2105.

(4)   On the 6th day of October, 1969, the said Raufu Adetona in the course of his employment drove along Denton Street Ebute-Metta the 1st  defendant’s vehicle No. LG 2105 so negligently unskillfully and without proper control that it collided with the plaintiff’s motor cycle registration No. LO 9407

(5)   By the said accident the plaintiff was seriously injured and was incapacitated from attending to his work for a period of 8 months.

The defence, while admitting the matters raised in paragraphs 2 and 3 of the Statement of Claim in paragraph 2 of their Statement of Defence, proceeded in paragraph 10 to raise a statutory defence framed thus:-
“The defendants will contend at the trial that the action is statute-barred under the Public Officers Protection Act;  Section 2(a) Cap, 168 of the Laws of the Federation of Nigeria.

Particulars of Special Defence

(a)     The plaintiff’s right of action accrued on the 6th  October, 1969.

(b)    The plaintiff did not commence action until 2nd  April, 1970.”

At the hearing before the High Court, counsel representing the respondents took an objection in limine and argued that the claim was statute-barred. The learned trial Judge after hearing counsel for the parties, reserved his ruling. In his ruling delivered on 26th November, 1971, George, J., upheld the respondent’s contention and struck out the claim with costs. This appeal is against the said ruling.

Learned counsel for the appellant, Mr. J. O. Coker relied on only one ground of appeal which reads thus:-

“The learned trial Judge erred in law in holding that the defendants were entitled to protection under Section 2(a) of the Public Officers Protection Act Cap. 168 of the Laws of the Federation of Nigeria.”