Rufus Alli Momoh V Afolabi Okewale & Lagos City Council. (1977)

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SIR UDO UDOMA, J.S.C. 

This is an appeal by the plaintiff against the judgment of the High Court of Lagos State dated 12th July, 1972, in which the plaintiff’s claim for damages for negligence was dismissed.

In Suit No. LD/487/69 instituted on 18th September, 1969, the claim by the plaintiff, herein appellant, against the defendants, herein respondents, was for the sum of 4,111.1s. 6d as general and special damages for the negligence of the first defendant as servant/driver of the second defendant in driving second defendants bus No. LJ. 8146 on 10th June, 1969, whereby it collided with and knocked down the plaintiff on Carter Bridge, Lagos, in consequence whereof the plaintiff suffered injuries, pain and loss and damage.

Pleadings having been filed and delivered, the suit was heard by Adefarasin, J., as he then was.

The case of the plaintiff, which was accepted by the learned trial Judge briefly put, was that the plaintiff, Rufus Alli Momoh a security officer, was in June, 1969, working at the American Embassy, Lagos, as a Commissionaire. On 10th June, 1969, he was returning from work riding on his motor cycle No. LH. 6671 – a Mobylette – and keeping to his correct side of the road on the Carter Bridge, traveling towards Iddo Railway Terminus, when he was suddenly hit from the rear, knocked down and his motor cycle damaged by a bus No. LJ. 8146, belonging to the second defendant. The bus was then being driven by the first defendant,  a driver employed by the second defendant.

As a result of the accident, the plaintiff sustained severe injuries, including fracture of his left leg, and bruises on his head, arm and neck.

Negligence was denied by the defendants who, in addition, pleaded in paragraph 9 of their amended Statement of Defence as follows: –

“9.The defendants will contend at the trial that the action is statute-barred under Section 2(a) of the Public Officers Protection Act, Cap. 168 of the Laws of the Federation of Nigeria.

Particulars of Special Defence

(a)The Plaintiff’s right of action accrued on the 10th June, 1969.

(b)The plaintiff did not commence action until the 18th September, 1969.”

The learned trial Judge in his judgment, found on the evidence, that the first defendant drove his bus into and hit and knocked down the plaintiff and the motor cycle from the rear; and that without doubt, the first defendant was negligent in the manner in which he drove and managed the bus on that day. He also held that but for the view which he took of the special defence pleaded by the defendants, that the provisions of Section 2 of the Public Officers Protection Act, Cap. 168, Laws of Nigeria, 1958, applied and afforded protection to the first defendant, he would have had no difficulty whatsoever in entering judgment for the plaintiff.

All the same, he assessed general damages to which he felt the plaintiff was entitled at 800pounds. He also held that the special damages claimed had not been established on the evidence. Thereupon he dismissed the plaintiffs claim on the ground that the same was statute barred by virtue of the provisions of Section 2 of the Public Officers Protection Act, Cap. 168, since the suit had not been commenced, according to him, within 3 months of the accident.

The plaintiff has now appealed against that judgment to this court on a number of grounds. Of all the grounds, the most important argued before this court is that the learned trial Judge was wrong in law in holding that the first defendant – the Lagos City Council driver – was a Public Officer at the material time when the accident occurred, and therefore, was protected by the provisions of Section 2 of the Public Officers Protection Act, Cap. 168, Laws of Nigeria, 1958, and that since the suit had not been commenced within 3 months of the accident, it was statute-barred.