ABDULLA MAHOMED JABLI Vs. ABDULLA MAHOMED ZULAIKHI

JUDGEMENT

(1.) This is a reference by the Resident at Aden in Appeal No. 20 of 1922 on the file of that Court. The reference arises out of a suit filed by the plaintiff for damages resulting from injury caused to him by the defendant through the instrumentality of one Ali Mahomed Farag. The plaintiff's case was that, on September 6, 1920, Ali Mahomed Farag threw sulphuric acid in his face and thereby caused injury to him which ultimately resulted in the loss of one of his eyes. The defendant was said to have instigated Ali Mahomed Farag to cause this injury to the plaintiff and the plaintiff claimed damages from the defendant on that account. The suit was filed on February 13, 1922. Soon after the injury was caused, there were criminal proceedings against Ali Mahomed Farag and the present defendant. The trial Court in the criminal case convicted both Ali Farag and the present defendant. But the defendant was ultimately acquitted in appeal on November 20 1920. The trial Court decided all the issues of fact in favour of the plaintiff, and passed a decree on that basis. The defendant appealed and the points raised in appeal werethese: 1. Is the suit barred by limitation?

(2.) Is the fact established that the defendant instigated Ali Mahomed Farag to throw acid on plaintiff and that in consequence of this instigation Ali Mahomed Farag did throw the acid thereby destroying one eye and damaging the other, besides causing other serious injuries to the plaintiff?

(3.) Should not there be some basis for assessing damages and should not some evidence be produced, to enable the Judge to arrive at a correct deoision of the amount ? 2. Under Section 8 of the Aden Civil and Criminal Justice Act (Act 11 of 1864) the case has been referred to this Court for our decision. 3. The second point was dealt with first and his Lordship's opinion was : I am of opinion, therefore, that the finding on point No. 2 raised in appeal should be in favour of the plaintiff.