AWARD OF DAMAGES - CIRCUMSTANCES WHERE AN APPELLATE COURT WOULD INTERFERE WITH THE AWARD OF DAMAGES BY A TRIAL COURT  

 

Admin2
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23/06/2020 11:07 am  
"Howbeit, the fact that the quantum of damages is at the discretion of the Court does not mean that there are no circumstances when an Appellate Court would interfere with the award of damages. An Appellate Court will interfere with the award of damages by a Trial Court in situations which include:

a) Where the Court acted under wrong principles of law

b) Where the Court acted in disregard of applicable principles of law

c) Where the Court acted in misapprehension of facts

d) Where the Court took into consideration irrelevant matters and disregarded relevant matters while considering its award

e) Where injustice will result if the Appellate Court does not act

f) Where the amount awarded is ridiculously low or ridiculously high that it must have been an erroneous estimate of the damages

See ACB Ltd vs. Apugo (2001) 5 NWLR (PT. 707) 653, UBN Ltd vs. Odusote Book Stores Ltd (1995) 9 NWLR (PT 421) 558, B. B. Apugo & Sons Ltd vs. OHMB (2016) LPELR (40598) 1 at 61-62, SPDC Ltd vs. Tiebo (2005) LPELR (3203) 1 at 25 and Oduwole vs. West (2010) LPELR (2263) 1 at 15".
 
 
- PER U. A. OGAKWU, J.C.A IN TAIWO KUPOLATI VS MTN NIGERIA COMMUNICATIONS LIMITED

suit no: CA/L/743/2017
 

Legalpedia Electronic Citation: (2020) Legalpedia (CA) 36785


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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