Ratio Decidendi

Per Adekeye, JSC, in Oyeneyin & Anor v. Akinkugbe & Anor (2010) NLC-123-283-2001(SC) at p. 11, para. E – p. 12, para. C:

"An appellate court will not interfere with an award of damages by a trial court unless in situations which include (a) Where the Court acted under wrong principles of law (b) Where the Court acted in disregard of applicable principles of law (c) Where the Court acted in misapprehension of facts (d) Where the Court took into consideration irrelevant matters and disregarded relevant matters whilst considering its award (e) Where injustice will result if the appellate court does not act (f) Where the amount awarded is ridiculously low or ridiculously high that it must have been an erroneous estimate of the damages."
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Explanation / Scope

This principle establishes the circumstances in which an appellate court may interfere with an award of damages for trespass: wrong principles of law, disregard of applicable principles, misapprehension of facts, consideration of irrelevant matters, injustice, or ridiculously low or high awards. The principle applies where damages are challenged. It ensures that awards are just. The principle reflects the limited scope of appellate review of damages. It prevents unjust awards from standing. The court must find an exception. The principle provides guidance on interfering with damages.

Cases Applying This Principle

Yele Oyeneyin & Anor v. Dr. A. Akinkugbe & Anor