By Safi Jimba
Trespass to the person assault (IV)
Continued from last week
Fasoro v. Milbournce and another
(1923) 4 N.L.R. 85
Divisional Ct. (Calabar) – Green J.
The plaintiff, a minister of the African Church, and the Defendant, an assistant district officer, were both licencees of a building which each of them was entitled to use. The plaintiff entered the building while the defendant was holding an official meeting there and objected to the latter’s presence. The defendant did not like the plaintiff’s attitude, and ordered the second defendant, a police constable, to give the plaintiff a “smack on the chops”, which order was carried out. The plaintiff thereupon brought an action for assault and battery against the defendant, Millbourne claiming $150 damages. The second defendant was not made a party to the action until more than three months after the cause of action arose.
It was proved in evidence that the building was used for religious purposes but there was no evidence that the plaintiff had an exclusive right of possession, or that the building had been consecrated. Charges of irreverent behavior were also made against Millbourne, but there was no evidence to support them.
To be continued next week
