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LAYIWOLA AND ANOR v. BELLO AND 2 ORS

(1965) JELR 91493 (SC)

Supreme Court  •  FSC. 347/1963 NO.LD/120 /60  •  12 Nov 1965  •  Nigeria

Coram
BAIRAMIAN, CHIEF JUSTICE, NIGERIA. ONYEAMA, JUSTICE, SUPREME COURT. AJEGBO, JUSTICE, SUPREME COURT

Judgement

ONYEAMA, J.S.C.,

(Delivering the judgment of the Court):-

This appeal is limited only to the question of the assessment and the quantum of damages awarded to the dependents of a deceased who was killed in a fatal motor car accident on 6th July, 1959. The dependents are his widow and two daughters; the learned trial judge awarded £1,500 which he apportioned as follows: £300 to the widow, £500 to the elder daughter and £700 to the younger. The judgment was given on the 19th of February, 1962 and the age of the widow was then about 35 years and those of her daughters were said to be 7 years and 31/2 years.

Mr. Sofola’s first complaint is that the learned trial judge was wrong in first dividing the compensation among the dependants before stating what the amount of damages awarded was; he submitted that a lump sum award should first have been made in view of the wording of section 2 of the Fatal Accidents Act, 1846 which requires that in every action brought under the Act “the jury may give …

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