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(1963) JELR 87251 (HC)

High Court  •  LD/82A/63  •  28 Nov 1963  •  Nigeria

Onyeama, J.


Onyeama, J.:- The plaintiff claimed £100 as damages from the defendants for their negligence. The negligence alleged consisted in the act bf the second defendant, who was said to be a servant of the first, of lopping off the branches of a tree in such a way that they fell on the roof of the plaintiff's store. This was on the 19th of May, 1962.

The roof was made of asbestos sheets and four of these sheets were claimed to have been broken by the falling branches.

Two days later, i.e., on the 21st May, 1962, there was heavy rain and some water leaked into the plaintiff's store through the broken asbestos and damaged some of the plaintiff's articles of trade.

On these facts, found by the magistrate to have been proved by evidence, the plaintiff obtained judgment "for the sum of £45-4s-6d being special Damages as claimed and proved and £25 as general Damages against both defendants jointly and severally."

The defendants appealed from this judgment.

The grounds of appeal are, firstly, that the s…

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