Legalpedia Citation: (2009) Legalpedia (SC) 91541
In the Supreme Court of Nigeria
Fri May 15, 2009
Suit Number: SC.261/2002
CORAM
IKECHI FRANCIS OGBUAG, JUSTICE SUPREME COURT
PARTIES
MARTIN USONG APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant/plaintiff was a fork operator of the respondent, who sued the respondent claiming damages for negligence in the work place which resulted in the loss of one of his eyes. The trial court awarded N1million damages against the respondent. The Court of Appeal reduced the quantum of damage awarded to N500, 000. The appellant dissatisfied with the reduction has further appealed. The respondent also cross-appealed
HELD
The appeal is allowed and the damages awarded by the trial court is restored
ISSUES
NONE
RATIONES DECIDENDI
REVERSING AMOUNT OF DAMAGES
In order to justify the reversing or interfering with the amount of Damages granted by a Trial Court, it will generally be necessary for the Appellate Court to be convinced that –
(a) the Trial Court acted up on wrong principle of law; or
(b) the amount awarded was so extremely high or very small as to make it, in the Judgment of the Appellate Court, an entirely erroneous estimate of the Damages to which the Plaintiff is entitled. Per MOHAMMED, JSC
CASES CITED
1. Bala v. Bankole (1986) 3 N.W.L.R. (Pt. 27) 1412. Zik’s Press Ltd. v. Ikoku (1951) 13 W.A.C.A. 188
STATUTES REFERRED TO
None.