THE MILITARY GOVERNOR, WESTERN STATE VS CHIEF AFOLABI LANIBA & ANOR
August 11, 2025CHIEF TIJANI JEGEDE & ORS V. ABA BAKARE GBAJUMO & ORS
August 11, 2025Legalpedia Citation: (1974) Legalpedia (SC) 13697
In the Supreme Court of Nigeria
Fri Oct 25, 1974
Suit Number: SC. 332/1973
CORAM
MUHAMMED BELLO, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
YETUNDE ONI & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st respondents vehicle was negligently driven leading to the death of deceased. The lower court awarded £1686 out of the £10, 000 claimed.
HELD
The court held that there was sufficient evidence before the lower court to justify the award of £5, 162 and awarded same in favour of the appellants.
ISSUES
Whether the damages awarded by the learned trial Judge were adequate and manifestly too small having regard to the evidence.
RATIONES DECIDENDI
SPECIAL DAMAGES IN FATAL ACCIDENT CASES
While in normal cases, special damages should be specified in the writ, in Fatal Accident cases this is unnecessary, although the quantification of damages by the trial Judge should contain particulars of amount awarded under each head of claim. Per Elias CJN
WHEN COURT WILL INTERFERE IN THE AWARD OF DAMAGES
The court will interfere in the award of damages made by a trial Judge if the appellants can show that the trial Judge had either proceeded upon a wrong principle of assessment or that the award was an erroneous estimate of the loss suffered by the plaintiffs. Per Elias CJN
CASES CITED
STATUTES REFERRED TO
