IMONA-RUSSEL V. NIGER CONSTRUCTION LTD.

• Pages: 941-952

IMONA-RUSSEL V. NIGER CONSTRUCTION LTD.

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941

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IMONA-RUSSEL V. NIGER CONSTRUCTION

LTD.

JOHN 0. IMONA-RUSSEL

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APPELLANT

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V

NIGER CONSTRUCTION LTD.

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RESPONDENT

SUIT NO. SC 130/1985

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SUPREME COURT OF NIGERIA

OBASEKI,

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J.S.C.

NNAMANI,

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J.S.C.

UWAIS,

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J.S.C.

KAZEEM,

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J.S.C.

KAWU,

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J.S.C.

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3rd July, 1987

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C011217Z011

Law - Application - Applies in Bendel State virtue of s.3, Law of

England (Application) Law, Cap. 60 Laws of W.R., 1959 - Applies to Federal

matters virtue of s.45(1), Law (Miscellaneous Provisions) Act Cap. 89 Laws of

Nigeria, 1958 - Torts - Authority of sovereign no defence to King's officer

- COM112011

law position in relation to liability of state for acts of agents and

servants - Defence of act of state - Not available against Nigerian plaintiff

where tort conunitted in Nigeria.

ISSUE:

1. Whether the common law of England in relation to the state's tortious liability

applies in Bendel State and to the Federal Government.

FACTS:

The appellant acquired a leasehold interest in a parcel of land sometime in

1974. That same year the respondent company entered into an agreement with

the Mid-Western State (now Bendel State) Government for the construction of a

road. It was a term of the contract that the respondent was to pay compensation

to the owners of any burrow-pit caused by digging earth used in the construction

of the road. In 1975 the appellant discovered that the respondent had entered

upon his land and had dug a burrow.-pit for the purpose of the road construction.

He successfully sued the respondent for damages for trespass in the High Court.

This was after unsuccessfully seeking compensation from both the state and

federal government. The respondent appealed to the Court of Appeal, where the

High Court's judgement was set aside. The appellant appealed to the Supreme

Court where the respondent conceded that it was liable under the contract agree-

ment to pay compensation in respect of the burrow-pit.

HELD:

1.

The Common Law of England applies in Bendel State by virtue of s.3 of the

Laws of England (Application) Law, Cap.60 Laws of W.R., 1959. Therefore the

Bendel State Government could not be sued for the tort at the time the action

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was brought in 1975.

2.

By. s.45(1) of the Law (Miscellaneous Provisions) Act, Cap 89, 1958, Laws of

the Federation, the Federal Government was also not liable.

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