Damages are awarded at the discretion of the trial Court, and so an appeal Court is reluctant to interfere with how the trial Court exercises its discretion unless: a) The exercise is tainted within illegality or substantial irregularity. b) If it is in the interest of justice of interfere. c) The discretion is wrongly exercised. See C.B.N vs. Okojie (supra) and University of Lagos vs. Aigoro (1985) 1 NWLR (part 1) 43 and Salu Vs Egeibon (1994) 6 NWLR (part 349) 23. An appellate Court would also interfere when it is satisfied That: a) The trial Court acted under a mistake of law; or b) The trial Court acted in disregard to some principles of law; or c) The trial Court acted under a misapprehension of facts; or d) The trial Court took into account irrelevant matters or failed to take into account relevant maters, or e) Injustice would result if the appellate Court does not interfere, or f) The amount awarded is ether ridiculously low or ridiculously high, that it must have been a wholly erroneous estimate of the damages – British Airways vs. Atoyebi (2014) 13 NWLR (part 1424) 253 at 265 266; African Newspapers (Nig.) Plc vs. Useni (2015) 3 NWLR (part 1447) 464 at 475 476 and Guardian Newspapers Ltd vs. Ajeh (2011) 10 NWLR (part 1256) 574.
WHEN APPELLATE COURT WILL INTERFERE IN DAMAGES AWARDED
An award of damages is within the discretionary powers of the court. An appellate court would not usually interfere with a previous award unless satisfied (a) that the trial court acted under a mistake of law; or (b) where the trial court acted in disregard of some principle of law; or (c) where it acted...