ATTORNEY-GENERAL OF THE FEDERATION VS CHANDRAI
September 2, 2025MUTUAL AID SOCIETY LTD VS AKERELE
September 2, 2025Legalpedia Citation: (1965-11) Legalpedia 66303 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Nov 12, 1965
Suit Number: SC 347/1963
CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
LAYIWOLA & ANOR
APPELLANTS
BELLO & 2 ORS
RESPONDENTS
AREA(S) OF LAW
FATAL ACCIDENTS ACT – DAMAGES
SUMMARY OF FACTS
The respondents instituted action as dependents of the deceased who died due to a fatal accident. The lower court awarded damages individually to the dependents before giving the total damages including to the widow who had remarried.
HELD
The court reduced the amount awarded to the widow and upheld the decision of the lower court in other respects.
ISSUES
Whether the learned trial judge properly assessed damages in the circumstances of this case
RATIONES DECIDENDI
ORDER OF ASSESSMENT OF DAMAGES-HOW MADE
‘There is no magic in the order in which the court may deal with damages so long as they are properly assessed and apportioned’ – Onyeama J.S.C.
CONSIDERATION FOR THE AWARD OF DAMAGES UNDER THE FATAL ACCIDENTS ACTS
‘where damages are awarded to dependants under the Fatal Accidents Acts, or Nigerian Laws replacing them, the courts ought to consider making such an order as will ensure that the damages recovered are used for the benefit of the dependents for whom they are awarded, and not treated merely as a contribution to the general resources of the family at large’- Onyeama J.S.C
CASES CITED
Phillips v. London and Southwestern Co. (1879) 4 Q.B.D. 406
Emionayi Erinmwioghae v. Matina Chukwudebelu and Others (ES.C. 426/1961
STATUTES REFERRED TO
