ATTORNEY GENERAL, EASTERN NIGERIA VS ATTORNEY GENERAL OF THE FEDERATION
September 4, 2025MICHAEL ADEDAPO OMISADE & ORS VS THE QUEEN
September 4, 2025Legalpedia Citation: (1964-06) Legalpedia 32299 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Wed Jun 17, 1964
Suit Number: FSC 113/1963
CORAM
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
AGOLO IBOLUKWU & OTHERS
APPELLANTS
JAMES ONOHARIGHO
RESPONDENTS
AREA(S) OF LAW
TORT, DAMAGES
SUMMARY OF FACTS
The appellants argued that the amount awarded to the respondents as damages to the respondents by the court below was excessive
HELD
The Court held that the sum awarded as damages was excessive and accordingly reduced it to 2,500 pounds to be shared amongst the respondent and his children.
ISSUES
Whether the sum awarded as damages against the appellants was not excessive
RATIONES DECIDENDI
LUMP SUM AWARDED AS DAMAGES
It is accepted in England in actions under the Fatal Accidents Acts that the sum awarded may be reduced in consideration of the payment of a lump sum which is capable of earning interest, and in our view this practice should be followed in actions under corresponding legislation in Nigeria-BRETT JSC
CASES CITED
Edwards v. Alan Brown (1964) 3 C.L. S.79
STATUTES REFERRED TO
Fatal Accidents Acts
High Court (Civil Procedure) Rules of Western Nigeria
