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Having raised such critical issue even at the eleventh hour of the case, the learned trial judge ought to have given the Appellant the right to be heard on that issue. “…the trial judge raised the issue suo motu without offering the parties the opportunity to address her on the issue. Raising Issues Suo Motu – Obligation of the Court to call parties to address it on issues raised suo motu and the effect of failure to do so However, the concern of this Appellate Court is to determine whether the decision of the trial Court is right and not whether the reasons for the decision are correct. “It is usual that in the course of writing a judgment, a judge is bound to air his views and make comments here and there and may also give reason for certain findings. Appellate Court – Fundamental duty of an Appellate court
“On the quantum of damages awarded, this Court will not generally alter an award of damages unless it is established that the Judge proceeded on a wrong principle of law or that his award was clearly an erroneous estimate in that the award was manifestly too large or too simple.” Benjamia Tade (2001) 49 WRDN 130 (2011) LPELR 4235 my learned brother, Denton-West aptly observed thus: Where the learned trial Judge acted on wrong principles of law in quantifying damages, the Court of Appeal must intervene to make the proper assessment for damages that ought to have been awarded considering the peculiar facts and circumstances of the case. In order to justify reversing the trial Judge on the question of the amount of damages, it will generally be necessary that this Court should be convinced either that the Judge acted upon some wrong principle of law, or that the amount awarded was so extremely high or so very small as to make it, in the judgment of this Court, an entirely erroneous estimate of the damage to which the plaintiff is entitled”. “I will be disinclined to reverse the findings of a trial Judge as to the amount of damages merely because they think that it they had tried the case in the first instance they would have given a lesser sum. “In order to justify reversing the trial Judge on the question of amount of damages it will generally be necessary that this Court should be convinced either that the Judge acted upon some wrong principle of la or that the amount awarded was so extremely high or so very small as to make, in the judgment of this Court an entirely erroneous estimate of the damage to which the plaintiff is entitled”. “The principles upon which an Appellate Court acts in an appeal against the quantum of damages are well settled and were stated thus by Greer, LJ in Flint v. Interference with Award of Damages – Principles guiding an Appellate court when interfering with an award of damages HOLDEN AT ADO-EKITI ON THURSDAY, 8TH JUNE, 2017ġ.
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