Criminal And Civil Liability
Where, in a criminal action for assault in a customary court the defendant is ordered to pay a sum in compensation to a person whom he has assaulted, that person may refuse to accept the sum and bring a civil action for damages for assault.
- Ewenzerike v. T. Obanuku
(1960) W.N.L.R 40
HIGH CT. – QUASHIE – IDUN J.
The defendant/appellant was charged before the Ibadan Grade B Customary Court with having unlawfully wounded the plaintiff/respondent by biting off his ear. Having pleaded guilty he was ordered to pay a fine of $1 10s. Od. Or go to prison for one month in default of payment, and he was also ordered to pay a sum of $1 10s. Od. Compensation to the plaintiff. This was refused by the plaintiff, who instituted civil proceedings for assault, claiming $200 general and special damages from the defendant. The learned senior magistrate, after hearing evidence from both parties, awarded the plaintiff $80 general damages and $7 2 s. Od. Special damages. The defendant appealed to two grounds, that: (1) the learned magistrate was wrong in law in holding that the plaintiff was not debarred from bringing the action; (2) that special damages were not strictly proved as required by law. To be continued next week
