OKAFOR V. NNODI

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296

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NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.

OKAFOR V. NNODI

B.O. OKAFOR

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APPELLANT

V

CHRISTOPHER NNODI (For and

behalf of himsel; and the

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RESPONDENT

family of CELESTINE NNODI,(dcd)

SUIT NO. FSC 51/1963

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

TAYLOR,

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J.S.C.

BAIRAMIAN, J.S.C.

9th December, ' 963

Legislation - Northern Nigeria - Fatal Accident Law Section 4(3), Section 5, S.7(1)

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- Fatal Accidents - Particulars of Claim - Award of Compensation -

Apportionment.

ISSUE:

1. Whether the failure to state the full particulars of the claimants and failure to

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give details of the injury they each suffered, is fatal to an action brought under

the Fatal Accidents Law.

FACTS:

Section 5 of the Fatal Accidents Law provides that the plaintiff shall give full

particulars of the person(s) for whom or on whose behalf the action is brought

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and of the nature of the claim. Section 7(1) states that the damages awarded shall

be apportioned among those entitled thereto in such shares as the court directs.

In this case the particulars of claim did not name the persons on whose behalf the

suit was brought Upon deciding that compensation was payable, the trial Judge

asked for names, and without sufficient enquiry into each persons's injury suffered

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by the death, he awarded compensation without apportionment among them, with

an order that it be paid in a lump to the person in charge of the family under na-

tive law and custom.

HELD:

1.

Where the plaintiff brings an action under the above Law he must give full

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particulars, nct only of the nature of the claim, but also of the person or persons

for whom or on whose behalf he brings the action.

2.

There is to be one award of damages, but the amount must be apportioned

amongst those entitled to share; so there must be a decision of who they are,

and the apportionment must have regard to the injury resulting from a death to

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the persons respectively for whose benefit the action is brought.

3.

An order should he made such as will ensure that the damages recovered are

used for the benefit of the dependants for whom they were awarded. and not

treated merely as a contribution to the general resources of the family at large.

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CASE REFERRED TO IN JUDGMENT:

1.

Emionayi Erinmwionghae v. Matina Chukwudebelu and Ors

FSC.426/1961.

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