Just Decided Cases

S.W. UBANI-UKOMA VS G.E. NICOL

Legalpedia Citation: (1962-02) Legalpedia 26147 (SC)

In the Supreme Court of Nigeria

Holden at Lagos

Thu Feb 15, 1962

Suit Number: SC 19/1961

CORAM


ADEMOLA, JUSTICE SUPREME COURT

TAYLOR, JUSTICE SUPREME COURT

BRETT, JUSTICE SUPREME COURT


PARTIES


S.W. UBANI-UKOMA

APPELLANTS 


G.E. NICOL

RESPONDENTS 


AREA(S) OF LAW


LAW OF TORTS—NEGLIGENCE—AWARD OF DAMAGES—APPEAL

 

 


SUMMARY OF FACTS

The plaintiff/appellant had sued over the negligent driving of the defendant/respondent which has caused a collision of their motor vehicles. The Judge found in his favour but did not give any award over the value of the car of the appellant.

 

 


HELD


The appeal is allowed

 

 


ISSUES


Whether the trial Judge should, as he did, have disallowed this head of damage or have made a reasonable assessment based on the facts placed before him?

 

 


RATIONES DECIDENDI


AWARD OF DAMAGES IN AN ACTION FOR NEGLIGENCE


“In an action sounding in negligence actual damage must be proved, but the value of a used article or chattel is not an item of special damage in the sense that it can be exactly quantified like the cost of repairs or the expenses of hospital treatment. It is open to either party to call evidence and the Court must do the best it can on the material before it.” Per TAYLOR F.J.

 

 


QUANTUM OF DAMAGES


“The market value of any article is the sum it would fetch under the state of things for the time being existing. It is a matter of estimation on which opinions often differ.” Per TAYLOR F.J.

 

 




CASES CITED


White Cross Insurance Co. Ltd. & Anor. v. John Mbaeri, No. C/41/1959

 

 


STATUTES REFERRED TO


Not Available

 


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Esther ORIAH

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Esther ORIAH

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