ONAGA GEORGE & ORS VS MICHO AND COMPANY
September 8, 2025OMIDOKUN OWONYIN VS OMOTOSHO
September 8, 2025Legalpedia Citation: (2022-02) Legalpedia 77265 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Jun 15, 1961
Suit Number: SC.97/1961
CORAM
BRETT , JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
C. O. OTOBOSIN
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960
FSC 207/1959 [1960] NSCC 41
CRIMINAL LAW – CONFESSIONAL STATEMENT-EVIDENCE
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960
FSC 207/1959 [1960] NSCC 41
The respondent suffered injuries from the accident occasioned by the appellant but he was able to return to work and got promoted. He was awarded 3, 800 pounds as damages by the lower court.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960
FSC 207/1959 [1960] NSCC 41
The court held that the damages awarded in his favour was too high in the circumstance and reduced it to 2, 000 pounds.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960
FSC 207/1959 [1960] NSCC 41
Whether the lower properly assessed the damages awarded in favour of the respondent having regards to the circumstances of the case.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
QUANTUM OF DAMAGES
In order to justify reversing the trial Judge on the question of the amount of damages it will generally be necessary that this Court should be convinced either that the Judge acted upon some wrong principle of law, or that the amount awarded was so extremely high or so very small as to make it, in the judgment of this Court, an entirely erroneous estimate of the damage to which the plaintiff is entitled.' Per Bairamian F.J
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960
FSC 207/1959 [1960] NSCC 41
Flint v. Lovell, 1935,1 K. B. 354, at p. 360
STATUTES REFERRED TO
Not Available
