HUNPONU-WUSU V. HUNPONU-WUSU

• Pages: 50-56

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NIGERIAN SUPREME COURT CASES

[1969] N.S.C.C.

an indefinite period free of rent as agreed upon in Exhibit B. This disposes of the

1st and 2nd grounds of appeal.

Finally, Chief Williams complained about the award of £600 as general dam-

ages against both defendants jointly and severally. He referred to the Statement of

Claim wherein the sum of £2,000 claimed as special and general damages in the

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writ was amplified as follows:-

"Wherefore the plaintiff claims as value of house demolished £1,000 and

general damages £1,000".

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Counsel pointed out that after awarding special damages against the 1st de-

fendant and before awarding general damages against both defendants, the

learned trial Judge indicated that he took a serious view of the high handed man-

ner in which the defendants carried out the demolition of the building. He there-

after awarded £600 as general damages. Counsel argued that the evidence did

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not justify this award and that nominal damages ought to have been awarded.

It was not suggested that in awarding general damages, the learned trial Judge

applied wrong principles of law. On the facts of this case, we cannot say that the

award of £600 as general damages is unreasonable, punitive or manifestly ex-

cessive; and we are therefore not prepared to disturb it.

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In the result, this appeal fails on all grounds and it is hereby dismissed.

Appeal dismissed.

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HUNPONU-WUSU V. HUNPONU-WUSU

DR. 0. 0. HUNPONU-WUSU

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PETITIONER/APPELLANT

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V

ABIMBOLA HUWONU-WUSU

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RESPONDENT/RESPONDENT

SUIT NO. SC 66/1968

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

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COKER,

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J.S.C.

MADARIKAN,

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J.S.C.

7th February, 1969.

Matrimonial Causes - Divorce

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Insanity - Recurrent attacks of unsound mind

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before marriage - Section 7(1)(b) Matrimonial Causes Act 1937 and Section

9(1)(b) of the 1965 Act.

ISSUE:

1. Whether to succeed in a petition for divorce under section 9 of the Matrimonial

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Causes Decree 1965 is it necessary to prove unsoundness of mind before

marriage.

FACTS:

In a petition in the High Court the petitioner asked for a declaration that his mar-

riage be declared null and void, on the grounds that the respondent was at the

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time of the marriage insane and suffered recurrent attacks of insanity. The High

Court held that he had not proved that his wife suffered recurrent attacks of in-

sanity. He appealed.