By Safi Jimba
Trespass to the person assault (III)
Continued from last week
(5) that this the respondent had done by reference to the evidence of one of the appellant’s own witnesses (said to have been one of his rescuers), who had deposed that at the material time nothing did happen between the parties apart from the fact that he had seen them talking together.
Adeyinka Morgan J.:“If, according to the appellant’s evidence, the incident occurred after he had submitted his tender, then, if his own witness who, he said, rescued him from the respondent, says that nothing happened between both parties apart from the fact that they were seen talking together, then it cannot be said that the learned magistrate’s judgement resulted in a substantial miscarriage of justice.”
Assault and Battery and Trespass to land
The forcible removal of a trespasser without first giving him the opportunity of leaving quietly is an assault and battery. However, the provocative behavior of a trespasser may be a factor to be taken into consideration in awarding damages.
To be continued next week