CHARLES ANYAELE & ANOR VS THE STATE
August 15, 2025OLABISI WILLIAMS VS ALHAJI RABIU BUSARI
August 15, 2025Legalpedia Citation: (1973) Legalpedia (CA) 13096
In the Court of Appeal
HOLDEN AT ABUJA
Fri Feb 23, 1973
Suit Number: SC.76/1970
CORAM
GEORGE B. A. COKER, JUSTICE SUPREME COURT
DANIEL O. IBEKWE, JUSTICE SUPREME COURT
AYO GABRIEL IRIKEFE, JUSTICE SUPREME COURT
PARTIES
INNOCENT OKAFOR & ANOR
APPELLANTS
JOHNSON OKITIAKPE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The present Respondent was the Plaintiff in an action, which arose from a traffic accident, which occurred on the 4th March, 1964. He instituted the action in the High Court, Ughelli (Mid-West State) against one Innocent Okafor and the Monier Construction Company (Nigeria) Limited, who were the employers of the said Innocent Okafor. According to the evidence in the case, on the day of the accident Innocence Okafor, the 1st Defendant, was driving a Volkswagen car No. EP 6099 belonging to the Monier Construction Company (Nigeria) Limited, in which the Plaintiff had been given a lift. It was alleged by the Plaintiff that the said Innocent Okafor, now 1st Appellant, drove the said car negligently; that as a result of his negligence the car became involved in a road accident in the course of which the Plaintiff suffered extensive injuries and that Monier Construction Company (Nigeria) Limited, the 2nd Appellants, were, as employers of the 1st Appellant, liable as well in damages to the Plaintiff. In the course of a reserved judgment, the learned trial Judge held both Defendants liable and awarded the Plaintiff damages with costs hence this appeal.
HELD
Appeal Dismissed
ISSUES
Nil
RATIONES DECIDENDI
FACTS NOT PLEADED – WHETHER FACTS NOT PLEADED MAY BE GIVEN IN EVIDENCE AT A TRIAL
“It is correct that facts not pleaded may not be given in evidence at a trial and if for any reason at all any evidence was given of such facts the court of trial, and indeed the appeal court, must disregard such evidence. This is trite law and if authority is needed for this we refer to the observations of this court in Tomori v. Matanmi, SC.146/68 decided on the 1st July, 1970; also Conway v. George Wimpey (1951) 2 QB 266 at p.274 et seqq.”
ASSESSMENT OF DAMAGES – BASIS FOR THE INTERVENTION BY A COURT OF APPEAL WITH THE ASSESSMENT OF DAMAGES
“With respect to the question of damages, the law as to intervention by a court of appeal with the assessment of damages is well settled. It must be demonstrated to the court of appeal that the damages awarded were manifestly too high or too low or that the awarding judge or tribunal had proceeded to the assessment on some wrong legal principles.”
RECOVERY OF DAMAGES – WHETHER A PLAINTIFF IS ENTITLED TO RECOVER DAMAGES
“It is not disputed that in appropriate cases a plaintiff is entitled to recover damages under the various sub-heads of injury but reliance was placed on the decision of the Federal Supreme Court in Agaba v. Otubusin (1961)1 All NLR 299 to attack the award made by the learned Trial Judge.”
CASES CITED
Not Available
STATUTES REFERRED TO
Nil|
