APPEAL – Interference With Award of Damages – Attitude of Appellate Court towards award of damages by the Trial Court

“We do not wish to disguise the fact that the question of quantum of damages is always a difficult problem that the law or the Judge has to face. One cannot minimise the extremely difficult task of a Judge when he has to assess damages in these cases; and this Court, as a Court of appeal is always reluctant to interfere with awards made by Judges unless the award made is excessively high or unreasonably low. All the same there are no special criteria whereby the appeal Court is to Judge what is excessively high or unreasonably low. All awards however should include compensation for loss of earnings, pain and suffering, and the loss of amenities of life.”

Per ADETOKUNBO ADEGBOYEGA ADEMOLA, JSC in LAGOS CITY COUNCIL V. OGUNBIYI (1969) LCER-486(SC) (Pp 6 – 6 Paras A – D)
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