Judiciary-Poetry-Logo
JPoetry

GENERAL DAMAGES ARE PRESUMED BY THE LAW

Reach more audience. Place advert here.

Dictum

General damages are what the law presumes, but they must flow from the type of wrong complained about by the plaintiff and they frequently result from the tort for which the plaintiff has sued. They are at large in that the quantum of general damages need not be pleaded and proved as they are supposed to be a compensation for the loss or inconvenience flowing naturally from the wrong. They are thus not quantifiable but assessable by the trial Court taking the relevant matters into consideration.

– Yahaya, JCA. MTN v. Ezugwu (2018)

Was this dictum helpful?

SHARE ON

WHERE GENERAL DAMAGES IS CLAIMED – WRONG PRINCIPLES

When the issue of liability is established by a plaintiff and he claims general damages, the duty is on the trial Court to assess the quantum. Once that is done, an appellate Court will be wary of disturbing the award. However, where the award is manifestly too high or too low or based on wrong principles of law, an appellate Court will be justified and will be bound to interfere with the award.

– Yahaya, JCA. MTN v. Ezugwu (2018)

Was this dictum helpful?

EVERYTHING IS PRESUMED TO BE RIGHTLY PERFORMED

The maxim here is omnia praesumnutur rite et solemniter esse acta donec probetur in contrarium (everything is presumed to be rightly and duly performed until the contrary is shown).

— Onu JSC. Ibrahim v Barde (1996) – SC.74/1995

Was this dictum helpful?

COURT DOES NOT ACT ON PRESUMPTION

It is very elementary that no court acts on presumption. It acts on hard facts.

– Amaizu, J.C.A. Adeniran v. Olagunju (2001)

Was this dictum helpful?

PRESUMPTION OF INNOCENCE

The law has crystalized in our criminal jurisprudence that an accused person is presumed innocent until he or she is proved guilty. The prosecution is saddled with the burden of proving the guilt of the accused person and the standard of such proof in criminal cases or trial is proof beyond reasonable doubt.

– Adamu Jauro, JSC. Enabeli v. State (2021)

Was this dictum helpful?

PRESUMPTION OF REGULARITY OF JUDICIAL ACTS

This practice is informed by the presumption, reinforced by section 168(1) of the Evidence Act, 2011 (formerly section 150(1) of the Evidence Act, 1990), that provides that when a judicial act is shown to have been done in a manner substantially regular, it is presumed that all formal requisites for its validity were complied with. There is, in this further appeal, no viable complaint against the formal requisites for the validity of the concurrent judgments, the subject of this further appeal.

– Eko JSC. Chemiron v. Stabilini (2018)

Was this dictum helpful?

GENERAL DAMAGES NEED NOT BE PLEADED AND PROVED

The law is settled beyond peradventure that general damages are always made as a claim at large. The quantum need not be pleaded and proved. The award is quantified by what, in the opinion of a reasonable person, is considered adequate loss or inconvenience which flows naturally, as generally presumed by law, from the act of the defendant. It does not depend upon calculation made and figure arrived at from specific items. The issue of award of damages in any given case is a matter based on the discretion of the trial Court.

– Ogakwu, JCA. Kupolati v. MTN (2020)

Was this dictum helpful?

Load More
No more related dictum to show.

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

Humongouz Empire

© 2025

designed by Humongouz Ztudio. 

TO – 1736 | UO – 2 | GO – 1535 | BO – 199

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.