VOLENTI NON FIT INJURIA

I read on Stella Dimoko’s Blog about a rich Nigerian businessman who was into an extra-marital  affair with another woman during the subsistence of a valid marriage to his wife, in the process of his extra-marital affair with the woman based on the story narrated by a Lagos herbalist of the woman ,the herbalist happens to be the woman’s consultant before things went wrong ,he said voodoo was used on the man whereby losing  substantial part of his assets to the woman in question ,it was gathered that they traveled to several countries spending lavishly on the woman.

The issue for the determination now is that can the man sue the concubine to enable him recover part of the gifts/properties given to the woman while their relationship lasts and if the law recognizes voodoo.

The general rule is that our legal system does not believe in the existence of voodoo. Also on whether he can sue the woman that he gave/spent so much on her under the influence of voodoo.

The position of the law is that volenti non fit injuia’ this is a latin maxim which means that ‘to a willing person no injury is done’  it is a common law doctrine which means that someone who knowingly and willingly put themselves in a dangerous situation will be unable to sue for his dangerous situation will be unable to sue for his or her resulting injuries. In LEIGH V. MOSHAN FISHRIES LTD (1995)GR 174 no legal injury or wrong will arise from thing which one is accustomed . Also ALADE V.ABORISHADE.

Take for instance in a motor race, a spectator injured while watching a motor race was held to have agreed to take the risk of injury, this was the decision of the court in HALL V.BROOK LANDS RACING CLUB.

It is important we thread gently to avoid being a victim.

Thank you

Oyenike Alliyu-Adebiyi LLB(hons)BL