THE BRITISH FRENCH BANK V. OWODUNNI TRADING CO.

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THE BRITISH FRENCH BANK V. OWODUNNI TRADING CO.

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such provocation, then ft is the duty of the trial Judge, or Jury, as the case may be,

to determine whether on his or their view of the facts, manslaughter or murder is

the appropriate verdict. In other words, whether the kind of provocation actually

given was the kind of provocation which he or they as reasonable men would re-

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Bard as sufficiently grave to mitigate 'the killing. We are also of the opinion that in

determining the question regard mu•t also be had to the nature of the act which

resulted from the provocation. As was said in

Rex v. Holmes

(1) 'The whole doc-

trine relating to provocation depends on the fact that it causes, or may cause, a

sudden and temporary loss of self-control whereby malice, which is the formation

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of an intention to

kill

or inflict grievous bodily harm, is negatived. Consequently,

where the provocation inspires an actual intention to kill, or to inflict grievous bod-

il

y harm, the doctrine that provocation may reduce murder to manslaughter sel-

dom applies."

After reviewing the evidence the learned trial Judge finally came to the conclu-

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sion that the appellant made up his mind to kill the deceased woman and deliber-

ately did so.

The weapon employed was, as I have already said, a heavy dagger. In his

statement to the police the appellant said, inter alia, "There I got annoyed and took

my dagger and stabbed her first under the armpit and she fell on the bed where

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the corpse of the child was laid. I then cut her again on her throat and she died

on the bed."

After most anxious consideration we have reached the conclusion that even on

a view of the evidence of provocation most favourable to the appellant the degree

and method of the violence used in this case were such as to preclude a court

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from bringing in a verdict for the lesser offence. That being so this appeal must

be dismissed.

Appeal dismissed.

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THE BRITISH FRENCH BANK V. OWODUNNI

TRADING CO.

THE BRITISH FRENCH BANK

(for commerce & industry Ltd)

APPELLANTS

V

OWODUNNI TRADING COMPANY

RESPONDENTS

SUIT NO. WACA 3

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/

1

955 V

FEDERAL SUPREME COURT

FOSTER SUTTON, F.C.J.

JIBOWU,

F.J.

ABBOTT,

F.J.

8th March, 1956,

Commercial Law - Contract Inducing breach of contract - Not actionable if party

acted lawfully and within his rights - Banking practice.

ISSUE:

1. Whether loss occasioned by lawfully procuring a breach of contract is

actionable.

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