The plaintiff, Ashby, was a qualified voter in a parliamentary election in the UK.
The defendant, White, was a returning officer responsible for overseeing the election.
The defendant wrongfully refused to accept the plaintiff's vote during the election.
Despite the wrongful refusal, no actual loss or damage occurred because the candidate for whom the plaintiff intended to vote won the election.
The plaintiff, nonetheless, filed a suit claiming damages for the wrongful refusal to accept his vote, arguing that his civil right to vote was infringed.
ISSUES
Can an individual claim damages when their civil rights, such as the right to vote, are obstructed, even if no actual loss or harm results from that obstruction?
Whether it was a case of injuria sine damnum?
LEGAL PRINCIPLE INVOLVED
The case revolves around the doctrine of Injuria Sine Damnum, which holds that a legal wrong (injury) can exist even without actual damage and Ubi jus ibi remedium which is where there is a right, there is a remedy.
RATIO DECIDENDI
The court held that every legal injury, even in the absence of actual damage, imports a loss.
The loss in this context is the violation of a legal right, which by itself is sufficient to ground a claim for damages.
Chief Justice Holt opined that the plaintiff's right to vote is a common law right, and the obstruction of that right should give rise to a cause of action.
The court reasoned that the wrongful denial of a vote, even without pecuniary loss, was an infringement on a fundamental legal right.
JUDGMENT:
The court ruled in favor of the plaintiff, holding that the defendant was liable for wrongfully refusing to accept the vote, despite the absence of any tangible harm or financial loss.
The court affirmed that the plaintiff should be allowed to recover damages because the obstruction of his right to vote was a legal injury that warranted a remedy.
This judgment established that a legal wrong, even without actual damage, can be actionable, and individuals are entitled to seek remedies for the infringement of their legal rights.
COMMENTARY:
Ashby v. White is a landmark case that laid the foundation for the doctrine of Injuria Sine Damnum in common law. It established the principle that the violation of a legal right is itself sufficient to warrant legal action, regardless of whether it results in any actual damage or harm.
The ruling in Ashby v. White has been followed in subsequent cases, such as Municipal Board of Agra v. Asharfi Lal, where the courts reinforced the idea that the denial of the right to vote constitutes a legal wrong with a corresponding legal remedy.