ANALYSIS OF THE LIABILITY REGIME FOR TORTS AGAINST PROPERTY IN NIGERIA

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dc.contributor.authorDahiru Muhammad SANI, LL.B, LL.Men
dc.creatorDahiru Muhammad SANI, LL.B, LL.Men
dc.date.accessioned2023-09-22T08:49:04Z
dc.date.available2023-09-22T08:49:04Z
dc.date.issued2000-01-19en
dc.description.abstractTorts dealing with property which include trespass to land, nuisance, keeping dangerous objects (the rule in Rylands vs Fletcher), conversion and detinue, that have significant role in protecting the interest of owners or possessors of both moveable and immoveable property. Over the years, these torts have passed through some modifications in the common law jurisdictions, especially England, Australia, Canada and even the United States of America. This change in character and landscape which the torts have witnessed is more or less associated with the change in development of societies. In Nigeria however, these torts have either remained static without incorporating recent developments in the areas or confused by the courts in applying the principles applicable to them wrongly. This research, using a doctrinal method, has taken an in-depth analysis into liability regime which governs torts against property, more specifically, trespass to land, especially the doctrine of trespass ab initio, new development in the application of the tort of nuisance and the rule in Rylands vs Fletcher (keeping dangerous objects) and their application by the court in Nigeria as well as the application of the torts of conversion and detinue in Nigeria. The research has through an examination of the relevant literatures and decisions of courts, shown that the principles of liability in those torts have either been modified, such as in nuisance and under the rule in Rylands vs Fletcher, or abolished as in the case of detinue. In Nigeria however, the research finds that, the court could not measure up with new developments in those torts by still applying the old principles governing them, while at the same time applying the law governing the tort of trespass ab initio wrongly. With regards to the application of the rule in Rylands vs Fletcher, the court in Nigeria, has equated the rule with negligence thereby giving the impression that liability under the rule could also lead to liability in negligence, which is not correct because the two are governed by different rules. This is notwithstanding the fact that recent developments indicate that negligence in some way, plays a significant role in attaching liability under the rule in Rylands vs Fletcher. The problem here is that the court in Nigeria is not categorical as to whether or not, it has abolished the rule and therefore, merge it together with negligence even though in some instances, the approach of the court moves towards that direction. It has therefore, been recommended that the court in Nigeria should take pro-active measures towards addressing the anomalies associated with the application of relevant principles of law governing trespass ab initio, private nuisance, the rule in Rylands vs Fletcher, conversion and detinue, by for example reversing itself in the case of Alhaja Silifatou Omotayo vs Co-operative Supply Association (2010)16 NWLR (pt. 1218) 22, take a stand by abolishing the rule in Rylands vs Fletcher and merge it with negligence for the sake of consistency and clarity in the law as well as re-examine its approach to the issue of liability in the tort of private nuisance by allowing “reasonableness of the defendants conduct”, to take centre stage in determining whether the defendant is liable or not.en
dc.identifier.urihttps://teras.ng/api/asset/document/360e31e8-0c62-4e57-b782-a7c9cf53a4e5en
dc.identifier.urihttps://teras.ng/catalog-item/d3e8945e-c921-4d2f-809e-c5cfe858a31den
dc.identifier.urihttp://dspace.teras-network.net:4000/handle/123456789/29848
dc.publisherAhmadu Bello University Zariaen
dc.titleANALYSIS OF THE LIABILITY REGIME FOR TORTS AGAINST PROPERTY IN NIGERIAen
dc.typeResearch Thesesen
thesis.degree.levelPhden
thesis.matric.numberPhD/LAW/42820/2012-2013en
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