₦airaland Forum

AbelAbdul:
Hello house. Some of you might be familiar with this username. I'm the guy who was on this platform months ago asking which of the cars to buy and start a transport business b/w toyota and honda.

Thanks to moderator who moved the topic to fp and i got the answer i needed.

I bought a vehicle 'bus 18seater' and kicked off the business. The business has been filled with pains and joy but i always keep my head up.

Two days ago the car failed break so i parked it by the road hoping to return the next day with a mechanic since it was night. Coming the next day, electric pole and fence fell on the bus and damaged it beyond repairs.

The cause of the accident is as a result of the gutter a construction company dug.

Should i sue d company? What should i do. Am confused and depressed. 60% of the money i used in buying the bus was a loan. I haven't paid it.

Pls lawyers in nl advice me.

Ordinarily, this incident can be classified as a Force Majuer, i.e an Act of God, an incident beyond anyone's control. It means that your insurance company should indemnify you against the damage. However, the imputation that it was caused by the construction company, will be a big task to face legally for two reasons.

a) You have to prove negligence on the part of the company. And to prove negligence, you have to prove these three things.
1. That the company owes you a duty of care
2. That the company has breached the duty of care
3. That you have suffered damages as a result of the breach.

Proving these elements in view of your narrative may be a bit tasking.

b. You also have to show that you where not negligent on your own part. The risk of packing your car on a road side even when you could easily pack it in police station will be taken into account when pursuing a legal cause of action.

You can reach me if you need further guidance.

Ebullience:
A Federal High Court in Lagos has sentenced a former Acting Director-General of NIMASA, Calistus Obi, to seven years imprisonment for N136 million fraud.

Details shortly…..

https://thenationonlineng.net/breaking-court-sentences-ex-nimasa-d-g-to-7-years-imprisonment/

Gradually we are getting there.