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...

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DAMAGES ARE ALWAYS IN ISSUE

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 Was this dictum helpful? Yes 0 No 0...

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AWARD OF DAMAGES IS DUTY OF TRIAL COURT – WHERE SUCH WILL BE INTERFERED IN

I have to commence my reasoning in this issue by laying emphasis on the notorious fact that the award of damages is essentially the duty of a trial court and will not be interfered with except unless certain circumstances exist:- a. Where the trial court acted under a misapprehension of facts or law b. where...

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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...

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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...

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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.

DAMAGES FOR PAIN (WHICH CANNOT BE MEASURED) SHOULD NOT BE DENIED

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SPECIFIC PERFORMANCE DISTINGUISHED FROM DAMAGES

DAMAGES ARE ALWAYS IN ISSUE

AWARD OF DAMAGES IS DUTY OF TRIAL COURT – WHERE SUCH WILL BE INTERFERED IN

WHEN APPELLATE COURT WILL INTERFERE IN DAMAGES AWARDED

JUDGES SHOULD SET OUT HOW THEY ARRIVE AT QUANTUM OF DAMAGES

DAMAGES IN BUILDING CONTRACT

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