L.C.C. V. OGUNBIYI

• Pages: 283-287

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NIGERIAN SUPREME COURT CASES

[1969] N.S.C.C.

L.C.C. V. OGUNBIYI

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LAGOS CITY COUNCIL

(Trading under the name and

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style of Lagos City Transport)

V

S. A. J. OGUNBIYI

SUPREME COURT OF NIGERIA

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ADEMOLA,

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C.J.N.

MADAR I KAN,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

11th July, 1969.

APPELLANT

RESPONDENT

SUIT NO. SC 127/1967

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Law of Torts - Negligence - Malice debars protection of Public Officer Protection

Act - £500 for loss of expectation of life not claimed so wrongly awarded

- £15,000 damages for loss of one leg and probable full disability of other

leg of man aged 59 too high and reduced to L5,000.

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ISSUE:

1. Whether the Public Officers Protection Act will avail a person who acts in a

malicious manner, abusing his position.

FACTS:

The defendant is a transport company. Due to the negligence of its servant a

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passenger was injured. In an action in Court the plaintiff (passenger) was awarded

£500 for loss of expectation of life and £15,000 as general damages. The plain-

tiff appealed.

HELD:

1. The Public Officers Protection Act necessarily will not apply if it is established

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that the defendant had abused his position for the purpose of acting maliciously.

In that case he had not been acting within the terms of the statutory or other

legal authority. He has not been

bona fide

endeavouring to carry it out. In such

a state of facts he has abused his position for the purpose of doing a wrong

and this protection of the act, of course, never could apply to such a case.

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2. In this case the evidence before the court provided ample justification that the

conductress had acted maliciously and her actions had debarred her from the

protection of the Act.

3. After an exhaustive examination of'the recent trend of the courts in awarding

damages in these cases the Supreme Court came to the conclusion that the

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trial Judge had given far too high a figure as general damages; consequently

the Supreme Court reduced the general damages from £15,000 to £5,000.

CASE REFERRED TO IN JUDGMENT.

1.

Newell v. Starkie

(1920) P.C. 89 L.J. 1.

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Chief Benson

(with him

Branco, Mrs. Ibironke)

for

the Appellant.

Ogunsanya

for the Respondent.