By Safi Jimba
General Principle of Liability (X)
D.N Chimezie v. John Dike
APPEAL CT. – SIR ALEGERNON BROWN C.J. AND SMITH J.
The defendant was prosecuted in the mixed court, Kaduna, for assaulting the plaintiff, pleaded guilty and was fined and ordered to pay $5 compensation to the plaintiff. The money was paid into court, but the plaintiff refused it and brought a civil action for damages in the magistrate’s court. The chief magistrate, believing himself to be bound by two previous decisions, held that the plaintiff’s action was barred and cited a case under section 110 of the Magistrates’ Courts (Northern Region) law.
Held: (1) that two decisions which the magistrate followed were each based upon a statutory enactment which: (a) empowered the court to make an order for payment of compensation; and (b) provided that the receiving of such compensation was a bar to further proceedings;
(2) section 20 of the Native Courts Ordinance does not empower the court to make an order for the payment of compensation, and that two the authorities were therefore not applicable;
(3) the plaintiff’s claim for damages was not barred.
BROWN C.J. (delivering the judgement of the court);
“The first authority is the case of John Mark v. Sampson Tow (1934) 2 W.A.C.A 170) in which it was held that compensation was received when an award giving the opportunity to receive payment was made. The second authority is the case of Sampson Ikubaiyeje v. Agnes Reis (1943) 17 N.L.R 12). But in each of these cases, the court’s decision was based upon a statutory enactment which provided for compensation to be awarded, the object of which was to stop multiplicity of proceedings and to prevent unnecessary litigation…
To be continued next week
