EDET UMOH VS THE STATE
August 22, 2025G.A. AKHIWU VS THE PRINCIPAL LOTTERIES OFFICER & ANOR
August 22, 2025Legalpedia Citation: (1972) Legalpedia (SC) 41121
In the Supreme Court of Nigeria
Thu Mar 30, 1972
Suit Number: SC. 60/1970
CORAM
LEWIS JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
SOWEMIMO A.G JUSTICE, SUPREME COURT
PARTIES
MESSRS DUMEZ NIG. LTD. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff, a farmer brought an action against the defendant for entering into his land, destroying his crops and farm land with their road implement in the course of their (the defendant Company) duty has been farming.
HELD
The Court allow the appeal, set aside the judgment awarding the sum of £295;5/- together with the order of costs to the plaintiff of £51: 1/- and we do order that the plaintiffs claim be dismissed.
ISSUES
Whether the defendants were exonerated from liability for the destruction of the plaintiffs permanent crops because of the provisions of the Building Lines Regulations Law?
Whether even if not so exonerated the learned trial Judge rightly awarded £295: 5/- as special damages as he did.
RATIONES DECIDENDI
ASSESSMENT OF COMPENSATION
“Now we have indicated before and we must re-iterate that in determining compensation a judge must take his assessment on the evidence before him and not make guesses based on matters upon which he has not received specific evidence.” LEWIS, JSC.
PROOF OF SPECIAL DAMAGES
“Undoubtedly the rule that special damages must be strictly proved applies to cases of tort. In effect the rule requires anyone asking for special damages to prove strictly that he did suffer such special damages as he claimed.” LEWIS, JSC.
CASES CITED
1. Itambong & Others v. Akonye (1964) NMLR 128
2. The Governor of Mid-Western Province & Ors. v. Eluaka & Ors. SC. 181/67 (unreported) of the 23rd of October, 1970
3. Oshinjinrin & 5 Ors. v. Elias & Ors. SC.63/68 (unreported) of the 3rd of April, 1970
4. Agbaje v. National Motors, SC. 20/69 of 13th March, 1970
STATUTES REFERRED TO
Building Lines Regulation Law (Cap. 14 of the Laws of the Western Region of Nigeria, 1959)
