1 C.L.R. 1982 February 17 [LORIS, STYLIANIDES, PIKIS, JJ.] CHRISTOFOROS CHRISTOFIDES, INFANT, THROUGH HIS NEAREST FRIEND AND GUARDIAN, HIS FATHER COSTAS CHRISTOFIDES, Appellant-Plaintiff, v. XENOULLA CONSTANTINOU AND ANOTHER, Respondents-Defendants. (Civil Appeal No, 6086). Civil Procedure—Trial in civilcases·—Failure of trial Judge to evaluate the evidencebefore him—And to duly reason his findings-—Retrial ordered. 5 10 15 20 Whilst respondent No. 1was driving in a narrow street within thewalled city of Nicosia she struckdown the appellant-plaitiff, an infant aged 4. In her statement to the Police, shortly alter the accident, the respondent estimated her speed at 25 m.p.h. but at the trial she said that her speed was about 10 m.p.h.. without giving any satisfactory explanation as to this change ot stand. The trial Judge overlooked this aspect of the evidence and did not direct his attention to it. His finding that the respondent was going at a low speed was not properly reasoned; and he failed to evaluate the evidence of a material witness for the plaintiff. Upon appeal by the plaintiff: Held, that in view of the failure of the trial Judge to sum up and evaluate the evidence before him and his failure to duly reason his findings there is no alternative but to order a retrial on the issue of liability. Appeal allowed. Retrial ordered. Appeal. Appeal by piaimiff against the j u d g m t n t of the District Court of Nicosia (Papadopoulos, S.DJ.) dated the 24th January, 123 Chrfstofides v. Constantinou
(1982)1980 (Action No. 1192/77) whereby his claim for damage.» for personal injuries sustained by him in a car accident was dismissed. A. Marhides, for the appellant. St. Erotocritou (Mrs.), for the respondents. 5 Lows J. gave the following judgment of the Court. On the 5th November, 1976, respondent No. 1 struck down and dragged with her car over a distance of 25 ft the infant plaintiff, aged4atthetime. The accidentoccurred at a narrow streetwithinthewalled cityofNicosia, notably, AyiosAntonios 10 Street,wherethewidth oftheroad ranges between 11 xj2-\ 5ft. It was the case for the plaintiff that the accident occurred because of the failure of the defendant lo keep a proper lookout and her driving at a speed that created evident dangers in the circumstances. The driver made conflicting statements as to her speed at the material time, ihe moment when shefirstnoticed the infant and her overall look-out. In a statement to the Police shortly after the accident she estimated her speed to be in the region of 25 m.p.h., a statement from which she attempted to depart 20 at the hearing, reducing it at about 10 m.p.h. Shs gave no satisfactory explanation—in fact no explanation at all—as lo this change of stand. Regrettably ihe trial Judge totally overlooked this aspect oftheevidence. Hedid not direct his attention toit andbased 25 his findings on his impressions as to the credibility of the defendant. The finding of the trial Court that the defendant was going at a low speed at the material time is not properly reasoned. Further there is a total failure to evaluate the evidence of P.W.3, a material witness for the plaintiff. 30 Lastly the trial Judge paid no heed at all to the implications of the evidence of the driver asto when shefirstsaw the child, a mostmaterialfactbearingonthesiateofherlook-out. Manifestly the driver was driving in an inhabited aiea, in a very narrow street, and herlook-out oughtto havebeen correspond- 35 ingly high. Inviewofthefailure ofthetrialCourttosum upandevaluate 124 15 1 C.L.R. Christofides v. Coastaotinou Loris J. theevidence before it and the failure to duly reason his findings, thero isno alternative but to order a retrial on the issueof liab;lity. The appellant abandoned the appeal against the quantum 5 of damages. Therefore, the findings of ihe trial Couit in this regard stand. This appeal is accordingly partly allowed. A retrial by another Bench is hereby ordered. Costs of this appeal against the respondents. Cos*s before 10 the trial Court to be costs in the cause. Appeal allowed. Retrial ordered. Order for costs as above. 125