John Wilberforce Bamiro V. S.C.O.A. (1941)

LawGlobal Hub Judgment Report – West African Court of Appeal

Claim for damages for injury to. building–Espert eitidene*.– Admission of liability—Construction of letter..

Facts

This was a claim for damages -for injury caused to the appellant’s house by vibration during building operations of the respondent*. Expo_rts were called in to examine the house and an undertaking was given to repair any damage after the building had been completed: theme its were not available at the trial, at which the appellant called two other expert witnesses and the respondents one. The trial Judge redested the evidence of the former and accepted that. of the latter and found that the damage was not due to vibration, and gave judgment for the respondents: he referred to a letter put in as a promise in writing to in somewhat vague terms to make good any damage to plaintiff’s premises caused by their operations.

Held

That there was ample evidence on which the Court below Gould reach the conclusion it did that the appellant had failed to prove damage that there was no suggestion that a cause of action arose on the alleged admission of liability and undertaking to repair which were evidence but not proof of the claim; further that it may be shown that an admission was made under an erroneous view of the party’s own liability.

In our opinion he was right and this appeal fails with costs assessed at twenty guineas.