testimony. In addition, evidence that all the Applicants received some compensation
is fundamental and vital to a decision of the court and this has not been provided.
137. The Court recalls that before the closure of this case for judgment, the
Respondent was availed 2 adjournments over a period of 10 months to provide the
relevant proof of the payments alleged to have been made to the Applicants. The
Respondent failed and or neglected to provide any such proof. The court, based on
the above, finds that that the Respondent has not established via any evidence that it
paid any compensation to the within named Applicants.
138. Having stated earlier that violation of rights attracts reparation, the Court must
now proceed to examine the claim for damages of the Applicants for reparation to
determine whether they are entitled to the quantum of compensations claimed.
The Applicants’ claims can be categorized into three segments
1) Item (A)above represents the claim for the lives lost
2) Item (B) above represent the claim for the injured
3) Items (C-I ) above represent a claim for a mixture of different physical
properties
139. Compensation for Loss of lives.
While the Court notes that insofar as the right to life is concerned, it is impossible
effect restoration in integrum that is to restore life, in such cases, compensation may
be awarded in its stead to their heirs by succession. Therefore in assessing the
damages for loss of lives, the following excerpts from exhibit 26 @ page 18 is
instructive.
“The Panel recommends that relevant professional assessors should be
appointed to assess the actual pecuniary value to be attached to lives lost and
injuries sustained for the purpose of compensation”.
In response to above, the Respondent made the following commitment.
“Government notes this recommendation and will work out the level of
assistance to be given to the victims ………..”
There is no evidence before this court that this recommendation has been complied
with. If the Respondent has paid any compensation to the Applicant, same has not
been proved before this Court. The court is a court of justice and not of speculations,
its decision must be based on facts laid before it.
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