Mrs. Salamatu U. Mohammed V. Seyen Katyen & Anor (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment)

Both the appellant and respondents were resident in the same compound in Jos. Their relationship was, to put it mildly, hostile. On 11th February, 2011 the parties were involved in a melee. The Respondents were charged before the Hwolshe Area Court and convicted of assault. The appellant then proceeded to the High Court of Plateau State and claimed against the respondents jointly and severally in paragraph 16 of her statement of claim:-

“(1) N2.0 Million Naira general damages for assault and battery.

(2) N1,010.00 being special damages for the cost of treatment received as a result beating received from the defendants.

(3) Cost of this action.”

Pleadings were exchanged by the parties and the case went to trial.

In her considered judgment the trial judge found that the Respondents did indeed batter the appellant but on the issue of damages adjudged as follows:-

“..I say plaintiff in the case at hand caused or foisted upon herself what happened to her. Proven facts manifestly showed plaintiff continuously goaded the defendants by use of offensive words and even slander over a period of time; calling the defendants family infidels and thieves of a cooking stove, calling their mother a thief and a house girl. It is also a proven fact that on the day of the incident plaintiff continued in these verbal assaults on the defendants’ family, advancing towards the 1st defendant goading him to the point of no return. I think in all due humility, to grant any form of damages to the plaintiff in these circumstances would be unconscionable. In my view the plaintiff foisted upon herself any damage that might have occasioned as a result of what happened.”

The learned trial judge proceeded thereafter to dismiss the claim in its entirety.

Not being satisfied with this judgment, the appellant filed this appeal. The notice of appeal contained three grounds of appeal to wit:-

GROUND ONE

The learned trial Judge erred in law when he held “I think, with the deepest respect that though, the Defendants indeed committed assault and battery against the plaintiff, the evidence discloses facts and circumstances that do not entitle the plaintiff to any damages whether general or special” and thereby occasioned miscarriage of justice.

GROUND TWO

The learned trial Judge erred in law when he held “I think the rigours of the criminal trial culminating in a conviction are enough punishment for the Defendants to learn their lesson. My holding therefore is that the plaintiff is not entitled to any damages and I award none” and thereby occasioned miscarriage of justice.