CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
S.U. ONU JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
CHUKUKA OSSAI NWABUOKEI
APPELLANTS
FRANCIS IWENJIWE
RESPONDENTS
AREA(S) OF LAW
TORT/ EVIDENCE
SUMMARY OF FACTS
The plaintiff claimed against the defendants a sum of N100, 000 for injuries, pain, severe loss of earnings caused the plaintiff due to the fault and/or negligence of the 1st defendant and/or 3rd defendant who (1st defendant) being the driver in charge of a Car negligently drove same and collided with a car owned and negligently driven by the 3rd defendant and thereby caused the plaintiff, a fee paying passenger in the said taxi, severe injuries pain and sufferings.
HELD
The Supreme Court held that the facts and circumstances of the case show clearly that it was the 1st defendants negligence that caused the collision.
ISSUES
Whether the decision of the learned trial Judge is against the weight of evidence
RATIONES DECIDENDI
DISTINCTION BETWEEN PERCEPTION OF FACTS AND THE EVALUATION OF FACTS
“As has been held by the House of Lords in Benmax v. Austin Motor Co. Ltd. (1955) 1 ALL E R 326, a distinction must always be drawn between the perception of facts and the evaluation of facts, and where there is no question of the credibility of witnesses but the sole question is the proper inference to be drawn from specific facts, an appellate court is in as good a position to evaluate the evidence as the trial Judge and should form its own independent opinion, although it will give weight to the opinion of the trial Judge.” Per ANIAGOLU, JSC
CASES CITED
M’Lean v. Bell (1932) 48 TLR 487, 469
M. J. Evans v. S. A. Bakare (1973) 3 S.C.77
STATUTES REFERRED TO
Not Available