Just Decided Cases

AGABA G. K. VS C. A. OTOBOSIN

Legalpedia 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

 


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Esther ORIAH

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