Eloichin (Nigeria) Ltd & Ors V Victor Ngozi Mbadiwe (1986)

LawGlobal-Hub Lead Judgment Report

ANIAGOLU, J.S.C

This appeal has come from the Court of Appeal, Lagos. The Respondents were the plaintiffs before the High Court of Lagos in a suit, filed on 12th April 1976, in which they joined to claim a sum of N250, 000.00. “as exemplary damages for trespass committed by the said defendant on the premises, goods and household effects (sic) of the plaintiff (sic) at No.1 Goriola Street, Victoria Island, Lagos”

They also claimed an injunction. The original defendant was Chief Green Mbadiwe. Following his demise, Victor Ngozi Mbadiwe was substituted as the defendant. The Claim was finally settled in an amended statement of claim in which

(i) the 1st plaintiff claimed N100,000.00 exemplary damages for trespass to the premises;

(ii) the 2nd plaintiff claimed N50,000.00 exemplary damages for trespass to his goods; while

(iii) the 3rd plaintiff claimed N500,000.00 exemplary damages for trespass to her own goods.

It is necessary to emphasize, having regard to the arguments put forward in the course of the hearing of this appeal, that only the 1st plaintiff-a limited liability company-claimed in trespass to the premises, while the 2nd and 3rd plaintiffs claimed in trespass to goods.

The High Court of Lagos (as per C. Ademola Johnson, J., as he then was) dismissed the claims of the plaintiffs on the ground as finally held, that

“The plaintiffs therefore, having failed to establish before the Court the right to sue in trespass are bound to fail in this action”.

The plaintiffs appealed to the Court of Appeal which reversing some of the findings of the High Court on some of the facts and making some findings favourable to the plaintiffs, none-the-less dismissed the action on the ground that while the plaintiffs might, on the evidence be entitled to general damages if they had asked for it, they must fail on damages because they asked for exemplary damages only, having regard to. the decision of the House of Lords in England, and the principles therein laid down, in Rookes v. Barnard (1964) 1 All E.R. 367, on the question of exemplary damages.

The plaintiff/Appellants, not satisfied with the said decision of the Court of Appeal, have appealed to this Court on concisely worded seven grounds of appeal, all of which relate to the issue of damages.

“GROUNDS OF APPEAL

1. The Court of Appeal erred in law in basing their decision on points not canvassed then at the hearing of the appeal and without giving the appellants or their counsel an opportunity of being heard on those points.

PARTICULARS OF POINTS IN QUESTION

(i) Alleged failure of Appellants to establish grounds for the award of exemplary damages.