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  • Alade v. Abiona
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  • 2003-01-27
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Alade v. Abiona

OJO ALADE

V

S. O. ABIONA

MR.  OLABODE

ATTORNEY-GENERAL OF OSUN STATE

COURT OF APPEAL

( IBADAN DIVISION )

MORONKEJI OMOTAYO ONALAJA, JCA ( Presided )

DALHATU ADAMU, JCA

FRANCIS FEDODE TABAI, JCA ( Read the Lead Judgment )

CA/1/156/91

WEDNESDAY, 20TH FEBRUARY, 2002

COURT - Appellate court - Award of general damage made by trial court When appellate court may interfere with

COURT - Appellate court - General damages awarded by trial court Need for appellate court to be circumspect in interfering with

DAMAGES - General damages - Award of by the trial court - Need for appellate court to be circumspect in interfering with

DAMAGES - General damages - Award of by trial court - When the appellate court will interfere therewith

Issue:

Whether on the evidence before the court the trial Judge was right in awarding only N600.00 as damages.

Facts:

The plaintiff filed this action claiming N100,000 as damages for trespass committed by the defendants to his landed property and injunction. The plaintiff gave evidence during trial that his annual income from the farm is N5,000.00 and that some unspecified number of economic trees were damaged.

At the conclusion of trial, the trial court awarded the sum of N600.00 as general damages. Aggrieved, plaintiff appealed to the Court of Appeal.