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High Court, North Central State of Nigeria

Editorial Note:-This case is reported only on the question of measure of damages under the Northern Nigerian Fatal Accidents Law, sections 2 and 7 of which are set out in the judgment of BELLO, J., below. The interesting feature of these sections is that they apply native law and custom or Moslem law as the case may be to the assessment of damages. In the instant case Moslem law was applied; as the learned judge pointed out, this led to an assessment considerably less than would have been awarded under, in effect, the principles of English law as received and applied in Northern Nigeria. BELLO, J., felt that this discrimination was unfair, and recommended that the same rule, that contained in section 7 (I) (a), should be applied in all cases.