The appellants challenged the trial judgment on the basis that the trial judge improperly relied on res ipsa loquitur and erred in finding that a fire was probably caused by pyrolysis arising from the placement of a plywood bulkhead near an exhaust pipe.
The court held that, on the expert and other evidence, it was open to the trial judge to exclude electrical fault and find on a balance of probabilities that pyrolysis was the most likely cause.
The court further held that the construction left exposed plywood in close proximity to the exhaust pipe, contrary to recommendations and creating a risk of fire, supporting negligence and breach of the implied warranty under the Sale of Goods Act.
The appeals by Lloyd’s and Hughes were dismissed, and the plaintiffs’ cross-appeal against Spartan was also dismissed.
