Zik’s Press Ltd. V. Alvan Ikoku (1951)
LawGlobal Hub Judgment Report – West African Court of Appeal
Appeal against quantum of damages in libel action—Distinction between a trial by jury and a trial before Judge discussed—Appeal Court has power to re-assess damages where trial before Judge—Court very reluctant to intervene—Court will only intervene where Judge proceeded upon a wrong principle of law or where award was already an erroneous estimate.
Facts
The trial Court by a Judge sitting alone awarded £1,000 for damages for libel The appellant asked this Court to say the damages were excessive.
Where a trial is by jury a Court of Appeal may order a re-trial if it appears that „the Jury applied a wrong measure of damages, but it cannot re-assess the damages.
The point for determination on this appeal was the right of this Court to re-assess damages where the case was tried by a Judge alone, and whether such re-assessment could be made without the consent of both parties.
Held
The Court has power to intervene without the consent of the parties. This Court is reluctant to exercise such power and will never do so unless it is established that the trial judge proceeded upon a wrong principle of law, or that his award was clearly an erroneous estimate. This Court will not intervene because it might feel disinclined to agree with the amount awarded as an amount which it might itself have assessed.
Appeal dismissed.
