TAIWO V. PRINCEWILL

• Pages: 138-142

138

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TAIWO V. PRINCEWILL

It is difficult to see how a statute could be of more "general application" in England

than that."

If these tests are applied it would seem to me that the

Fatal Accidents Acts

are

statutes of general application, but the further point remains to be considered,

whether their applicability is affected by the provisions of s.16 of the

High Court

Law

that Imperial laws are to be in force only so far as local circumstances per-

mit. The restrictive words are not identical with those in the Ordinance of British

Honduras which was under consideration in

Jex v. McKimmey (supra),

but it would

seem that an Act manifestly "framed, for reasons affecting the society of England

and not for reasons applying to Nigeria" might be held to be among those which

local circumstances did not permit to be in force. It is, in fact, Mr. O'Connor's sub-

mission in this case that local circumstances do not permit the application of the

Acts.

The Fatal Accidents Act

fall outside the main classes of statutes which have

been held applicable hitherto, and there are perhaps not the same compelling rea-

sons of convenience for holding that they apply. Following

Jex v. McKimmey,

where their Lordships held that "can be applied" mean "can reasonably be applied"

I think the Court would be free to hold that local circumstances did not permit a

statute to be in force if it produced results which were manifestly unreasonable or

contrary to the intention of the statute. I do not consider, however, that the

Fatal

Accidents Act

are open to that objection. As the Chief Justice has pointed out, the

Courts have in fact been enforcing them, even though subject to reservations, and

that is as strong an indication as there could well be that local circumstances do

permit their application. The institution of polygamy, and the rules of native law

and custom under which the widows and children of a deceased person may be

inherited" by his male relatives may certainly give rise to difficulties in the applica-

tion of Imperial Laws and will have to be taken into account if such legislation as

the

Married Women's Property Act

ever falls to be considered. As regards the

Fatal

Accident Acts,

however, while there may be difficulties in assessing the degree of

financial dependence, they need not be insoluble and since the onus is on the

plaintiffs to prove the degree of dependence no injustice to a defendant need re-

sult. On the whole I am of the opinion that local circumstances do not prevent the

Acts from applying, though I agree that the present appeal must succeed for the

reasons given by the Chief Justice.

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TAIWO V.

Appeal allowed. Cross-Appeals

dismissed.

PRINCEWILL

35

VICTOR OLADAPO TAIWO

V

F. B. A. PRINCEWILL

FEDERAL SUPREME COURT.

ADEMOLA,



F.J.C.

UNSWORTH,



F.J.

TAYLOR,



F.J.

1st June, 1960

APPELLANT

RESPONDENT

SUIT NO. FSC 11

1

/

1

960

40

45

Commercial Law- Contracts - Building - Defective Plan - Sum agreed for extra

unused work - Quantum Meruit - Builder continuing with work and accepting

further instalments - Right of Repudiation - Abandonment of work - Breach

of contract

50

Remedies - Damages - Assessment.