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