Chief Ajijolaogun Ode & Anor V. Idofin Igbana Oba-in-council & Ors (2008)

LawGlobal-Hub Lead Judgment Report

JUMMAI HANNATU SANKEY, J.C.A.

The appeal in this case is against the decision of the Anambra State High Court presided over by the Honourable Justice E.U. Uzodike. The judgment appealed against was delivered on 25th October, 2006 in favour of the Respondent but against the appellants.

At the Court below, the Plaintiff, hereinafter referred to as the Respondent had claimed as per his amended Statement of claim dated 16th March, 1992 as follows:-

“Wherefore the Plaintiff claim against the Defendants jointly and severally the sum of N2, 000,000.00 (two million Naira only) as damage (sic) for assault and battery on the Plaintiff.”

In his judgment the trial Judge awarded the sum of N300.000.00 against the appellants jointly and severally in favour of the Respondent, according to the trial Court, “for the injury sustained on his right ear.”

Dissatisfied with the said judgment, the Appellants filed a Notice of Appeal dated 1st November, 2006 containing three grounds of appeal as follows:-

“1. GROUND ONE: Error in law

The trial High Court erred in law when it held that the Plaintiff has proved his case because he has permanent injury at the right ear without evaluating the evidence presented before it.

Particulars of error

(a) A court is expected to properly evaluate the evidence placed before it before arriving at any decision one way or the other.

(b) A dispassionate appraisal of the evidence adduced is expected of court before arriving at its conclusion.

(c) The trial court did not place the evidence adduced on that imaginary scale before arriving at the conclusion that the Plaintiff has proved his case.

2. GROUND TWO: Error in law

The trial High Court erred in law when it awarded N300, 000.00 damages against the appellants for the right ear injury sustained by the respondent.

Particulars of Error