ANAMBRA STATE ENVIRONMENTAL SANITATION AUTHORITY & ANOR. VS RAYMOND EKWENEM

CORAM

D MUSDAPHER, JUSTICE SUPREME COURT

F F. TABAI, JUSTICE SUPREME COURT

I T.MUHAMMAD, JUSTICE SUPREME COURT

M S. MUNIAKA-COOMASSlE, JUSTICE SUPREME COURT

O O. ADEEKEY, JUSTICE SUPREME COURT

PARTIES

ANAMBRA STATE ENVIRONMENTAL SANITATION AUTHORITY)

APPELLANTS 

1. IGNATIUS NJOKU

2. RAYMOND EKWENEM

RESPONDENTS 

AREA(S) OF LAW

TORT – QUANTUM OF DAMAGES

SUMMARY OF FACTS

The respondent as plaintiff sued the appellant who were employees of ASESA for damages caused by them when they vandalized the petrol station owed by the respondent. The trial Judge found for the respondent.  The Court of Appeal partially allowed the appeal and reduced the amount of damages awarded. The appellants were aggrieved by this judgment and have made a further appeal

HELD

Appeal dismissed

ISSUES

Whether in view of the Respondents claims and the concessions in his Brief of Argument, the standard of proof required of the Respondent is not one beyond reasonable doubt? (Ground Two).

Whether the awards of the sum of N83, 295.31 and N23,049 made by the trial Court and upheld by the Lower Court are proper? (Grounds Three and Four).”

RATIONES DECIDENDI

DETERMINING A PLAINTIFF’S CASE

The claim of a litigant either the Plaintiff or Defendant depends on the averments in his Pleadings. In our adversary system of the administration of justice, it is the entire Pleadings of the parties that are looked into to determine the Plaintiffs case, the reliefs claimed vis-a-vis the Jurisdiction of the Court and the defence. Per ADEKEYE, JSC

PURPOSE OF AN AWARD OF DAMAGES

The purpose of an award of Damages is to compensate the Plaintiff for Damage, injury or loss suffered. The guiding principle is restitutio in intergrum. where a Court is called upon to assess that a party which has been damnified by the act which is in Issue must be put in the position in which he would have been if he had not suffered the Damage for which is in Issue must be put in the position he is being compensated. Per ADEKEYE, JSC

WHEN AN APPEAL COURT WILL UPTURN AWARD OF DAMAGES

In order to justify reversing the decision of a Trial Court on the question of the amount of damages, it will generally be necessary that the Appellate Court be convinced either that:-

“a)  The Court acted upon some wrong principle of law or under a mistake of law.

b) The award is arbitrary or perverse.

c)  There has been an element of wrong exercise of discretion in the award.

d)  Injustice would result if the Appeal Court does not interfere.

e) The amount awarded by the Court is either ridiculously high or ridiculously low that it must have turned out to be wholly erroneous estimate of the Damages.” Per ADEKEYE, JSC

PRINCIPLE OF AWARDING DAMAGES

I have to confirm that an award of Damages either Special or General, are not awarded as a matter of course but on sound and solid legal principles and not on speculations or sentiment. Neither is it awarded at large or out of sympathy born out of extraneous considerations but rather on legal evidence of probative value adduced for the establishment of an actionable wrong or injury. Per ADEKEYE, JSC

CASES CITED

1. NDIC v. SBN LTD. (2003) 1 NWLR (Pt. 801) 311.

2. Tukur v. Govt. of Gonaala State (1989) 9 S.C. 1; (1989) 4 NWLR (Pt. 117) 517

3. Ziks Press Ltd. v.Ikoku (1951) 13 WACA 188.

4. Bala v. Bankole (1986) 3 NWLR (pt. 27) 141

5. Tsokwa Motors (Mia.) Ltd. v. Awoniyi (1999) NWLR (Pt. 587) 423.

6. Onwa v. Nka (1996) NWLR (Pt. 458) 1.

7. NEPA v. Alli (1992) 8 NWLR (Pt. 259) 279

8. Onagoruwa v..IGP (1991) 5 NWLR {PI. 193}593.

9. Allied Bank v. Akubueze (1997) 6 NWLR (Pt. 509) 374

STATUTES REFERRED TO

1. Evidence Act

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