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DAMAGES ARE ALWAYS IN ISSUE

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Damages are always in issue and so failure to deny them is not fatal: Re The Nigerian Produce Marketing Board v. Adewunmi (1972) 11 S.C. 111.

— Edozie, JCA. British American v. Ekeoma & Anor. (1994) – CA/E/60/88

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DAMAGES – DAMAGES FOLLOW EVENT

Damages are the sum of money which a person who has been wronged is entitled to receive from the wrong doer as compensation for loss or injury, hence, no loss or injury, no award of damages. It is clear that the award of damages follows events. See, MUSTAPHA v. ABUBAKAR & ORS. (2022) LPELR 41830 (CA), FBN v. OJO (2022) LPELR-57503 (CA), KEYSTONE BANK LTD. v. ABDULGAFARU YUSUF & CO. LTD (2021) LPELR-55646 (CA), CRC CREDIT BUREAU LTD v. LONGTERM GLOBAL CAPITAL LTD & ANOR (2021) LPELR 55574 (CA), MRS OLUFUMILAYO ESTHER & ANOR v. TOPNOTCH PROPERTIES LIMITED (2017).

— A.O. Obaseki-Adejumo, JCA. FRSC v Ehikaam (2023) – CA/AS/276/2019

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SPECIFIC PERFORMANCE DISTINGUISHED FROM DAMAGES

To sue for specific performance is to assume that a contract is still subsisting and therefore to insist that it should be performed. That will mean that the plaintiff will not want it repudiated unless for any other reason the court was unable to aid him to enforce specific performance of it. He may then fall back for remedy at common law for damages. Specific performance is a discretionary remedy. This does not mean that it will be granted or withheld arbitrarily; the discretion is a judicial discretion and is exercised on well settled principles. It means that in an action for the specific performance of a contract of the class usually enforced, the court may take into account circumstances which could not be taken into account in an action for damages for breach of contract, such as the conduct of the plaintiff, or the hardship which an order for specific performance will inflict on the defendant.

– Ba’Aba JCA. Enejo v. Nasir (2006)

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JUDGES SHOULD SET OUT HOW THEY ARRIVE AT QUANTUM OF DAMAGES

The quantum of damages does not now arise for consideration. We would only point out that the Judge did not record a finding as to the extent of the annual financial loss suffered by those whom he held to have been dependants of the deceased woman, or say how he arrived at the total sum awarded. It Is easier for an appeal court to decide whether the damages awarded can be upheld H it knows how they were assessed, and we hope that in cases of this kind judges will set out the reasoning by which they arrive at their final estimates.

— Brett JSC. Benson v. Ashiru (1967) – SC. 405/1965

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DAMAGES IN BUILDING CONTRACT

In Mertens v. Home Freeholds Company (1921),2 K.B. 526, where the Court approved the law on this point as stated in an earlier edition of Hudson. In that case the contractor had undertaken to build to the roofing and the Court held:- The proper measure of damages was what it cost the plaintiff to complete the house substantially as it was originally intended and in a reasonable manner at the earliest moment he was allowed to proceed with the work, less any amount which would have been due and payable by the defendant to the plaintiff, had the defendant completed the house to the roofing at the time agreed by the terms of the contract.

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WHEN APPELLATE COURT WILL INTERFERE IN DAMAGES AWARDED

An award of damages is within the discretionary powers of the court. An appellate court would not usually interfere with a previous award unless satisfied (a) that the trial court acted under a mistake of law; or (b) where the trial court acted in disregard of some principle of law; or (c) where it acted under a misapprehension of facts; or (d) where it has taken into account irrelevant matters or failed to take into account relevant matters; or (e) where injustice would result if the appellate court does not interfere; or (f) where the amount awarded is either ridiculously low or ridiculously high that it must have been a wholly erroneous estimate of the damage.

– Kekere-Ekun JSC. British v. Atoyebi (2014) – SC.332/2010

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OBJECT OF AWARD OF DAMAGES IN HUMAN RIGHTS CASES

Para. 43: “In the case of Chief Ebrimah Manneh v. Republic of The Gambia, supra, decided on 5th June 2008, this court set out some principles that will guide it in the award of damages. Though by no means exhaustive, the principles set out in that decision are relevant to this case. Principally the object of an award in human rights violation is to vindicate the injured feelings of the victim and to restore his rights and human dignity. Monetary compensation may also be awarded in appropriate cases but the objective of such an award must not be punitive. The following cases decided by the European Court of Human Rights are of relevance to this discussion on damages: Ahmed Selmouni v. State of France (2005) CHR 237; and Miroslav Cenbauer v. Republic of Croatia (2005) CBR 424 , where the court awarded damages in circumstances similar to the present case, wherein the plaintiff was tortured.”

— Saidykhan v GAMBIA (2010) – ECW/CCJ/JUD/08/10

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