THE QUEEN V. BABA HASKE

• Pages: 193-196

THE QUEEN V. BABA HASKE.

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awarding the so-called general damage of £660. An aggrieved contractor is en-

titled to any balance of payment for work done and also to loss of profit on the

work he has been prevented from doing. In the present case the Judge calculated

the loss of profit on an estimate which rightly excluded the £1,120 already paid,

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but wrongly included the sum of 5.'1,680 for the balance of work done, as the profit

element would already have been taken into account in that sum of £1,680. I would

therefore reduce the damages under this head to £840, that is to say, 20 per cent

of £4,200. i can see no justification in this case for the award of the additional sum

of £660, as the loss sustained by the contractor is covered by the other items of

10 • damage awarded and there was r o evidence which could justify a finding that fur-

ther damage had flowed from the breach in accordance with the well established

rules for assessing damages in cases of breach of contract.

I would therefore allow the appeal to the extent that I would reduce the dam-

ages awarded from £3,964 to £2,972. In view of the fact that the appellants have

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succeeded on this one issue only, I would not alter the costs awarded in the High

Court and would make no order s to the costs in this Court.

Brett, F.J.:

I concur

Taylor, F.J.: I

concur.

Appeal allowed. Damages

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reduced to £2,972.

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THE QUEEN

V

30 BABA HASKE

THE QUEEN V. BABA HASKE.

RESPONDENT

APPELLANT

SUIT NO. FSC 105/1961

FEDERAL SUPREME COURT.

BRETT,

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F.J.

UNSWORTH,

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F.J.

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TAYLOR,

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F.J.

27th June, 1961.

Criminal Law- Murder - Confession obtained by threat or inducement - Second

confession - Whether threat or inducement still persisted at time Second

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Confession was obtained - Statement of Accused taken in translation by

interpreter - Should interpreter sign or mark such statement

Evidence- Exclusion by Appellant Court of . wrongly admitted evidence - Doubt

as to effect of remaining evidence on Trial Judge -

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ISSUES:

1. Whether a statement by a Chief that all villagers would be gaoled if the guilty

person does not tell the truth, would amount to a threat by a person in authority

for the purpose of the admissibility of a confessional statement.

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2. Whether a second Confession is admissible in the absence of evidence that a

threat inducing the first confession still persisted.