ANYASINTI UMUNNA & ORS V. ANIMUDU OKWURAIWE & ORS
August 4, 2025SUNDAY EMEZUE V. E.E.O. OKOLO & ORS
August 4, 2025Legalpedia Citation: (1978-06) Legalpedia (SC) 11211
In the Supreme Court of Nigeria
Fri Jun 2, 1978
Suit Number: SC. 376/1976
CORAM
OGUNDARE, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
ANTHONY N. ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
SAMUEL OBERE
APPELLANTS
THE BOARD OF MANAGEMENT EKU BAPTIST HOSPITAL
RESPONDENTS
AREA(S) OF LAW
EMPLOYMENT LAW
SUMMARY OF FACTS
The plaintiff was at all material times employed by the defendant as a boiler and steam operator at its Baptist Hospital at Eku. In that capacity, he was obliged to operate a defective machine which is the property of the defendant and which the defendant neglected to put right despite, incessant complaint by the plaintiff. On or about 8th October, 1970, whilst in the course of the said employment at the Hospital, the plaintiff had his right thumb chopped off by the said defective machine and he thereby suffered damage.
HELD
The Supreme Court held that in cases of personal injuries, the basic pecuniary loss may be said to be the plaintiffs loss of earnings or more strictly, a sum representing his loss of future earning capacity.
ISSUES
Whether the Supreme Court can interfere with the award which it thinks is inadequate for the reasons stated above
RATIONES DECIDENDI
SUBSTITUTION OF AWARD BY APPELATE COURT
“An appellate court is not justified in substituting a figure of its own for that awarded by the lower court simply because it would have awarded a different figure if it had tried the case at first instance. Before the appellate court can properly intervene, it must be satisfied either that the Judge, in assessing the damage, applied a wrong principle of law such as taking into account some irrelevant facts or leaving out of account some relevant factor, or that the amount awarded is either so ridiculously low or so ridiculously high that it must have been a wholly erroneous estimate of the damage.” Per FATAYI-WILLIAMS, JSC
CASES CITED
Fletcher v. Autocar & Transporters (1968) 2 QB 322 (CA)
Ziks Press Ltd. v. Ikoku (1951) WACA 188 at page 189
STATUTES REFERRED TO
Not Availalable
