LEGAL NUGGETS (20):STRICT LIABILITY .By Adedotun Habeeb Adetunji LL.M (M.IoD), FCAI.

MTN NIG. COMMUNICATIONS LTD V. SADIKU (2013)LPELR-21105(CA)

ISSUE
STRICT LIABILITY : The rule in Ryland v. Fletcher on Strict liability

PRINCIPLE
"Strict liability as is applied in the instant appeal is rooted in Ryland vs. Fletcher (1866) L.R. 1 Ex. 265. The rule herein is that the occupier of land who brings and keeps upon it anything likely to do damage if it escapes is bound at his peril to prevent its escape and is liable for all the direct consequences of its escape, even if he has not been guilty of negligence. I have had recourse to Shell Pet. Dev. Co. (Nig.) Ltd. vs. Amaro (2000) 10 NWLR (Pt. 675) 248; Machine Umudje & Anor. vs. Shell (1975) 9-11 SC. 155 at 172; and NEPA vs. Alli (1992) 8 NWLR (Pt. 259) 279." Per JOMBO-OFO J.C.A. (Pp. 36-37, paras. F-B)
CITED CASES
Ryland vs. Fletcher (1866) L.R. 1 Ex. 265