BILIAMINU ALAO & ANORV. INAOLAJI BUILDERS LIMITED

OGWUEGBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of an Ibadan High Court delivered by Ibidapo-Obe, J., on 17th July, 1987. The claim of the plaintiff company in the High Court is for damages for negligence arising from an accident which took place at a point along Iseyin/Okeho Road in Oyo State, whereby a petrol tanker laden with petrol and driven by the 1st defendant in the course of his duty as driver, servant or agent of the 2nd defendant fell on its side, caught fire which spread and burnt down the plaintiff's road construction equipments and machineries packed at the site.

The plaintiffs case briefly stated is that it was executing road construction work awarded to it by the Federal Ministry of Works on Iseyin/Okeho Road in Oyo State. At the close of work on 18/10/83, it neatly parked all its equipments and machineries being used for the contract work on the side of the road and placed sufficient warnings at their approaches. The 1st defe…