FAGBEMI AKANO V. MOSES ALABI OKUNADE & ORS
August 4, 2025BRITISH INDIA GENERAL INSURANCE CO (NIG) LTD V. A. THAWARDAS
August 4, 2025Legalpedia Citation: (1978-03) Legalpedia (SC) 31991
In the Supreme Court of Nigeria
Fri Mar 31, 1978
Suit Number: SC. 242/1976
CORAM
SUNDAY AKINOLA AKINTAN (Lead Judgment), JUSTICE, SUPREME COURT.
MOHAMMED BELLO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
PARTIES
LAGOS CITY COUNCIL CARETAKER COMMITTEE & ANOTHER
APPELLANTS
BENJAMIN O. UNACHUKWU & ANOTHER RESPONDENT
RESPONDENTS
AREA(S) OF LAW
TORT – NEGLIGENCE
SUMMARY OF FACTS
A bus belonging to the appellants strayed from the highway and crashed into the shop of the respondents. As a consequence of that accident, the respondents instituted an action in the High Court, Lagos, claiming against the appellants special and general damages for negligence. The Appellants conceded liability for negligence and, accordingly, the learned trial Judge found them liable.
HELD
It has been stated by this court in numerous cases that where a victim of tort has been fully compensated under one head of damages for a particular injury, it is improper to award him damages in respect of the same injury under another head
ISSUES
The issue of damages
RATIONES DECIDENDI
MEASURE OF DAMAGES
“The measure of damages in an action for negligence is founded on the principle of restitution in integrum.” Per M. BELLO, JSC
CASES CITED
Liesbosch Dredger v. S. S. Edison (1933) AC 449 at p. 459
Thomas Kerewi v. Bisiriyu Odegbesan (1965) 1 All NLR 95 at 98
Onanuga v. Micho & Co. (1961) All NLR 324 at 328
STATUTES REFERRED TO
Not Available
