EDIAGBONYA V. DUMEZ (NIG.) LTD & ANOR.

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EDIAGBONYA V. DUMEZ (MG.) LTD & ANOR

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EDIAGBONYA V. DUMEZ (NIG.) LTD & ANOR

SAMSON EDIAGBONYA

V

10 DUMEZ (NIG.) LTD & ANOR

SUPREME COURT OF NIGERIA

ESO,

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J.S.C.

UWAIS,

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J.S.C.

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COKER,

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J.S.C.

KARIBI-WHYTE,

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J.S.C.

KAWU,

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J.S.C.

13th June, 1986

APPELLANT

RESPONDENTS

SUIT NO. SC 125/1985

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Tort - Negligence - Damages. - Quantum of - Personal injuries - Assessment of

compensation - Factors for consideration - Damages to be awarded as single

composite

sum;

accrued or prospective loss based on established facts to be

taken into account in assessment - Plaintiff employed as professional driver

suffering head injury resulting inter afia in severe headaches - Trial judge's

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assessment based on plaintiffs physical and mental condition resulting from

injuries - Award set aside by Court of Appeal - Appropriate order one

remitting case to trial judge for iissessment based only on established facts -

Court of Appeal instead assessing damages and failing to take into account

factors such as loss of amenities of the - Remission of case to High Court

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impracticable since trial judge no longer in office - Plaintiff awarded damages

by Supreme Court.

ISSUE:

1. What are the factors an appellate court should consider in reviewing an award

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of damages by a lower court?

FACTS:

The appellant as plaintiff, instituted an action against the defendants, claiming

damages for negligence. The appellant, who was a professional driver in the em-

ploy of the first defendants. The appellant was instructed to drive the 2nd defend-

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ant to a send-off party and then to a quarry site. However, it was the 2nd defendant

who drove the vehicle. On leaving the party

en route

to the quarry site, the vehicle,

which was driven at an excessive speed, sommersaulted, causing injuries to the

plaintiff.

The learned trial judge in assessing the damages, did not itemise the elements

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of the injury, but relied on the age of the plaintiff, his salary, and his physical and

mental condition resulting from the injuries received.

The Court of Appeal in considering the damages awarded, reduced the amount

from N54,540 to N15,000 after concluding that the plaintiff suffered serious injuries

and is 50% - 60% permanently disabled and unable to pursue his calling as a pro-

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fessional driver.

The plaintiff appealed to the Supreme Court, contending that the Court of Ap-

peal did not take into consideration all the facts of the case in assessing the dam-

ages to be awarded.