BY SAFI JIMBA
Trespass to the person assault
In an action for assault, the magistrate or judge must not attach undue importance to the social standing of the defendant.
K. Shopitan v. Chief F. M. Ogunlewe
(1961) W.N.L.R 119
High Ct. – Adeyinka Morgan Js.
This was an appeal from the magistrate’s court by the plaintiff, whose action against the defendant for assault had been dismissed. According to the plaintiff, he had gone on business to the official residence of the defendant, part of which was being used as the office of Igbogbo/Baiyeka local council, to submit a tender to the council’s treasurer. The defendant, who was Oba (head chief of the locality), after having been informed of the reason for the plaintiff’s visit, told him that he was forbidden entry into the place, and later, after the plaintiff had been to see the treasurer, cursed and struck him and threatened him with an iron bar, but was apprehended by others who came to the plaintiff’s rescue. The plaintiff felt pain in his ear as a result, and received medical treatment.
The respondent denied the assault and called a witness who said that, if it had been necessary to use force against the plaintiff, he, and not the respondent, would have used such force.
TO BE CONTINUED NEXT WEEK
