Although an appellate Court admittedly can disturb an award of damages if such award is excessively high or unreasonably low, it is settled that a Court of Appeal will not disturb an award of damages made by the lower Court merely because it would have come to a different figure if it had heard the case itself. See Per NNAMANI, JSC in DUYILE & ANOR V. KELLY OGUNBAYO & SONS LTD (1988) LPELR-975(SC) (P. 17, PARAS. D-G).
— U.M. Abba Aji, JSC. Cappa v NDIC (2021) – SC.147/2006
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The law is settled that an appellate Court will not ordinarily interfere with an award of damages made by a trial Court unless it is shown that in the assessment and award of damages, the trial Court applied a wrong principle of law or misapprehended the facts or that the award is so high or so low.
— M.O. Bolaji-Yusuff, JCA. CCB v Nwankwo (2018) – CA/E/141/2017
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
In the legal parlance. General damages are regarded those damages that the law presumes to be direct, natural or probable consequence of the act complained of. On the other hand special damages’ are simply’ such damages which the law will not infer from the natural consequences of the act complained of. They must always be proved, of course, after it was specifically pleaded. In otherwords, in general damages a Court can make an award when it can not point out any measure of assessment except what it can hold, in the yardstick of measurement by a reasonable man. But on the other hand, specific damages must be specifically pleaded item by item and each item duly and specifically proved in order to succeed in the award of such item. See Adekunle v Rockview Hotel Ltd (2004) 1 NWLR (pt 853)161 at 173/174; Adedo vs Ismaila (1969) NCLR 253. Ijebu- Ode Local Government vs Adedeji Balogun & Co Ltd (1991)1 NWLR (pt 166) 135.
— A. Sanusi, JSC. Ibrahim v. Obaje (2017) – SC.60/2006
It is no longer a matter for contention that the principle in regard to the assessment and award of special damages is different from that of general damages: see Ijebu-Ode Local Govemment v.Adedeji Balogun & Co (1991) 1NWLR(Pt.166) 136 at p. 158; Eseigbe v.Agholor (1993) 9 NWLR (Pt.316) 128 at p. 145. In the former, damages are specially pleaded, strictly proved and accordingly awarded; in the latter, they are averred, if necessary under specific heads of claim, presumed in law to be the direct and natural consequence of the act complained of and awarded at large as a jury question.
— Uwaifo, JSC. Rockonoh v. NTP (2001) – SC.71/1995
It is trite and well settled as rightly argued by the said counsel that:- the person claiming should establish his entitlement to that type of damages by credible evidence of such a character as would suggest that he indeed is entitled to an award under that head… See the cases of Oladehin v. Continental ile Mills Ltd (1978) NSCC, page 88 and also Imana v. Robinson (1979) NSCC page 1.
— C.B. Ogunbiyi, JSC. Ibrahim v. Obaje (2017) – SC.60/2006
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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