THE QUEEN V. ESEGE & ORS.

• Pages: 76-78

76



NIGERIAN SUPREME COURT CASES

[1962] N.S.C.C.

"The main bone of contention in this appeal is whether the Trial Judge was

right, in vievk, of his finding that there was no evidence of what the depreciation

should be, to have made an estimation without this evidence."

5

and a little lower down, that:-

"It is quite clear from the judgment of the Trial Judge that he rejected the

respondent's valuation of £1,002 as the pre-accident value of the vehicle. The

figure of £200 offered by the appellant and referred to in exhibit 'Cl' was also



10

rejected. It was then left to the Trial Judge to come to a reasonable figure."

The appeal succeeded, but on a different point - i.e. that the trial Judge in es-

timating the depreciation at 25% did not take into account the fact that when the

lorry was purchased in 1958 for £1,002 it was in all probability a second-hand ve-



15

hicle. The case was sent back with a direction to the trial Judge to make finding

on this point.

In our view the learned trial Judge in this case on appeal, with the data he had

before him, should have made a reasonable estimation of the depreciation on a

four year old car that had done 23,568 miles at the time of the accident and which



20

type of car was no longer available on the Nigerian market, with its consequences

on the availability of spares and its non-demand in the second-hand market. Tak-

ing all this into account we assess the pre-accident value car at £250. The appel-

lant will be entitled to this sum less £120, being the amount obtained for the scrap

value of the car.



25

The appeal is allowed and the Judgment of the High Court is varied to that ex-

tent. The appellant is entitled to his costs of this appeal, which I would assess at

£42 - 9s. - 6d.

Ade=la, C.J.F. I

concur.

Brett, F.J.

I concur.



30

THE QUEEN V. ESEGE & ORS.



35

THE QUEEN

V

ELEMI EJA ESEGE

GREGORY ATHEKAME

FELIX AGBOMI ISONG

RESPONDENTS

APPELLANTS

40

SUIT NO. FSC 431/61

FEDERAL SUPREME COURT

BRETT,



F.J.

UNSWORTH,



F.J.

TAYLOR,



F.J.

26th February, 1962.

45

Crinzinal Law - Conspiracy to defraud - Conspiracy to effect an unlawful purpose



50

- Criminal Code Cap. 42 section 422, 518(6).