AGABA G. K. V. C. A. OTOBOSIN

BAIRAMIAN, F.J.

The defendant complains against the amount of damages awarded in the High Court of the Western Region, by Charles, J. at Abeokuta, on the 24th June, 1960, for injuries suffered in a lorry accident. The amount awarded was £3,830.

There was also a notice of cross-appeal, that the amount should be increased; but the plaintiff (who is the above respondent) did not pursue it at the hearing of the appeal; nor could he pursue it with good grace, for his argument against the defendant’s appeal was that on principle the damages awarded by the trial Judge should not be disturbed. The authority usually quoted is the statement of Greer, L.J., in Flint v. Lovell, 1935,1 K. B. 354, at p. 360:–I think it right to say that this Court will be disinclined to reverse the finding of a trial Judge as to the amount of damages merely because they think that if they had tried the case in the first instance they would have given a lesser sum. In order to justify reversing the trial Judge on the …