THE MANNER IN WHICH GENERAL DAMAGES ARE QUANTIFIED

HEADING: THE MANNER IN WHICH GENERAL DAMAGES IS QUANTIFIED

CASE TITLE: REGD TRUSTEES OF WINNERS CHAPEL v. IKENNA (2018) LPELR-45767(CA)

JUDGMENT DATE: 25TH OCTOBER, 2018

PRACTICE AREA: CIVIL PROCEDURE

LEAD JUDGMENT: JIMI OLUKAYODE BADA, J.C.A.

SUMMARY OF JUDGMENT

INTRODUCTION:

This appeal borders on Civil Procedure.

 

FACTS:

This is an appeal against the Judgment of Ogun State High Court, Ota Judicial Division in Suit No:- HCT/312/07: BETWEEN – PASTOR AKAH IKENNA VS. REGISTERED TRUSTEES OF THE LIVING FAITH CHURCH (a.k.a WINNERS CHAPEL) delivered on the 27th day of October, 2009.

Briefly the facts of the case are that by a Writ of Summons and Statement of Claim filed on 25/10/2007 at the High Court, the Respondent who was the Plaintiff claimed against the Appellant who was the Defendant as follows:-

(a) A declaration that he was entitled to:

(i) 100% medical subsidy from the defendant/Appellant until he is given a clean bill of health.

(ii) An order compelling the Defendant/Appellant to pay him medical bills at the end of his treatment.

(iii) A Declaration that the Respondent is entitled to 11 months’ salary as terminal benefits which is (N501,600.00) Five Hundred and One Thousand Six Hundred Naira.

(iv) An order compelling the Defendant/Appellant to pay him the Respondent his eleven months salary which is put at (N501,600.00) Five Hundred and One Thousand Six Hundred Naira. 

(v) An order restraining the Defendant/Appellant his agents, privies from ejecting him the respondent from his official quarters until all his entitlements are paid.

(vi) (N50,000,000.00) Fifty Million compensation for the injuries sustained in the course of his service to the Defendant/Appellant.

Pleadings were duly exchanged between the parties and the case was fixed for hearing. At the conclusion of hearing, judgment was delivered in favour of the respondent. Dissatisfied with the decision, the Appellant appealed to the Court of appeal. The Respondent also filed a cross-appeal.

 

ISSUES:

The Court of Appeal determined the appeal on these issues couched as follows:

MAIN APPEAL

​(1) Whether the finding of fact by the learned trial Judge that the Respondent is entitled to One hundred per cent of his medical subsidy and bills is perverse and unsupported by evidence so as to require  interference by the Court of Appeal. 

​(2) Whether the learned trial Judge was in error when he awarded the sum of (N2.5 million) Two Million Five Hundred Thousand Naira as compensation to the Respondent. 

CROSS-APPEAL

“Whether the learned trial Judge was right to have ordered the Cross appellant to vacate his official quarters.”

 

DECISION/HELD:

On the whole, the Court of Appeal  held  that the main appeal succeeded in part and it was allowed in part. 

The lone issue in the Cross Appeal was resolved in favour of the Cross Appellant, the Cross Appeal thereby succeeded and was allowed.

 

RATIOS:

• ACTION- CLAIM(S)/RELIEF(S): Whether the Court can grant a relief not claimed
• DAMAGES- GENERAL DAMAGES: Guiding principles for the award of general damages
• LABOUR LAW- WORKMEN COMPENSATION ACT: Circumstances where a workman will be entitled to compensation under the Workmen Compensation