DEBS & ANOR V. CHEICO (NIG.) LTD.

• Pages: 837-844

DEBS & ANOR V. CHEICO (NIG.) LTD.

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more especially with the assessment of damages which we have to do having

regard to the fact that the judge who tried the case is no longer on the Bench.

I will allow the appeal and abide by the orders including the order as to costs

made by my brother Karibi-Whyte. J.S.C.

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UWAIS, J.S.C.:

I have read in draft the judgment read by my learned brother

Karibi-Whyte, J.S.C. I entirely agree with the reasons and conclusion therein.

Accordingly I too will allow the appeal. I endorse the award of N32,400.00

damages to the appellant together with N300.00 costs.

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COKER, J.S.C.:

I agree with the judgment just delivered by my learned brother,

Karibi-Whyte J.S.C. that this appeal be allowed and that the award of N15,000

damages awarded in the court below be varied and the sum of N32,400 substituted.

The principles involved in the matter have been clearly set in the lead judgment

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and it is therefore needless to repeat them. It is clear that the award of N15,000 is

arbitrary and grossly low and cannot be supported on any known principle.

The appellant is entitled to the costs of this appeal fixed at N300.00.

KAWU, J.S.C.: I

have had the advantage of reading, in draft, the judgment of

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my learned brother, Karibi-Whyte, J.S.C., which has just been read. I entirely agree

with it, and for the reasons stated in the said judgment, I too will allow the appeal

with N300.00 costs awarded to the Appellant.

Appeal allowed.

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DEBS & ANOR V. CHEICO (NIG.) LTD.

AHMED DEBS & ANOR

V

CHEICO (NIG.) LTD.

APPELLANTS

RESPONDENT

SUIT NO. SC 183/1984

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SUPREME COURT OF NIGERIA

ESO,

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J.S.C.

UWAIS,

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J.S.C.

KARIBI-WHYTE,

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J.S.C.

KAWU,

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J.S.C.

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OPUTA,

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J.S.0

20th June, 1986

Evidence - Expert evidence - Whether essential for proof of nzesne profits -

Admissibility of patty's own evidence though weight dependant on particular

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circumstances - Prevailing annual value of premises - Averment in statement

of claim of sum higher than rent reserved in expired lease not traversed in

defence - Award wrongly set aside by Com of Appeal.

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