Alhaji F. A. Onasanya V. Daniel Adeniji (1952)

Tori—Trespass—Damages——Irrelevant considerations.
Appeals in Civil Cases—Altering the amount of damages.

Facts

While the tenant was in occupation his landlord, after giving notice to quit, had the windows and doors removed from the shop and room, thus exposing the tenant and his goods to the weather and risk of loss.

The tenant sued for damages for goods lost and for £500 as general damages. The trial Judge awarded £400 as general damages, saying “he is, however entitled to substantial general damages as the defendant’s conduct throughout has been very high-handed and (he) did not even appear to defend this action but sent his clerk”.

The landlord appealed, confining his complaint to the amount as excessive and arguing that there had been irrelevant considerations in the assessment.

Held

The trial Judge did allow himself to be influenced, and wrongly so, by irrelevant considerations; consequently, the appeal would be allowed and the damages reduced.

Appeal allowed: damages reduced.