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COMPENSATORY DAMAGES IS SAME AS GENERAL DAMAGES

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Indeed, Compensatory Damages is the same as General Damages which is damages recovered in payment for actual injury or economic loss, which does not include punitive damages. A sum of money awarded in a civil action by a Court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another. Compensatory damages provide a plaintiff with the monetary amount necessary to replace what was lost, and nothing more.

– Peter-Odili, JSC. Mekwunye v. Emirates (2018) – SC.488/2014

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GENERAL DAMAGES ARISES BY INFERENCE OF LAW

On the general damages claimed, it needs not be specifically pleaded. It arises from inference of law and need not be proved by evidence. It suffices once generally averred in the pleadings. As I stated earlier, they are presumed by the law to be the direct and probable consequence of the act of the defendant complained of. Unlike special damages, it is generally incapable of substantially exact calculation.

– ARIWOOLA J.S.C. Union Bank v. Chimaeze (2014)

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GENERAL DAMAGES ARE COMPENSATION PRESUMED BY THE LAW

General damages are said to be damages that the law presumes and they flow from the type of wrong complained about by the victim. They are compensatory damages for harm that so frequently results from the tort for which a party has sued; that the harm is reasonably expected and need not be alleged or proved. A long line of cases of this Court have followed this line but I shall refer to a few.

– Peter-Odili, JSC. Mekwunye v. Emirates (2018) – SC.488/2014

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OBJECT OF AN AWARD OF GENERAL DAMAGES

The object of an award of general damages is to compensate the plaintiff, as far as money can do so, for the damages, loss or injury he has suffered. The guiding principle is restitution in integrum. It envisages that a party which has been damnified by the act which is called in question must be put in the position he would have been if he had not suffered the wrong which he is now being compensated for. In other words, the loss inevitably and unavoidably flowing from the breach. See: Chief S.I. Agu Vs General Oil Ltd. (2015) LPELR -24613 (SC) @ 31-32 G-B; NEPA Vs R.O. Alli & Anor. (1992) 10 SCNJ 34; Ijebu-Ode L.G. Vs Adedeji Balogun & Co., Ltd (1991) 1 NWLR (Pt.166) 136.

— K.M.O. Kekere-Ekun, JSC. MTN v. Corporate (2019) – SC.674/2014

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TWO CLASSES OF GENERAL DAMAGES

For purposes of proof, general damages are classified into two i.e (a) Where general damages may be inferred as in defamation cases or presumed as in personal injury matters of pain and suffering (b) Where general damages have to be proved. In the instance case, what is in issue is personal injury. The moment there is evidence of injury, pain, discomfort and permanent scarring, the Plaintiff will be entitled to damages. See ESEIGBE V. AGHOLOR (1993) 9 NWLR (Pt. 316) 128.

— M.N. Oniyangi JCA. Presentation National High School & Ors. v. Ogbebor (CA/B/105/2012, 17 MAY 2018)

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PAIN AND SUFFERING SHOULD BE AWARDED UNDER GENERAL DAMAGES

Once a plaintiff has successfully shown that he suffered personal injury as a result of a breach of duty owed him by the defendant, the claim for pain and suffering must be considered. No principle can be laid down upon which damages for pain and suffering can be awarded in terms of the quantum. There is, however, no doubt that pain and suffering is a recognized head of award that sounds in general damages. The court must consider what the compensation should be going by the evidence that gives an insight into the intensity of the pain and suffering. The award is usually generous although it should not be excessively high or grossly low. It must be such as reasonably tends to reflect the intensity of the pain and suffering.

– Uwaifo JSC. C & C Constr. v. Okhai (2003) – SC.8/1999

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GENERAL DAMAGES ARE INCAPABLE OF EXACT CALCULATION

General damages are presumed by law to be the direct and probable consequence of the act complained of. General damages are generally incapable of substantially exact calculation. There is therefore no scientific, or empirical formula to be followed in arriving at an award of general damages. That is why as far back as 1870 it was held that general damages are such as the jury may give, when the judge cannot point out any measure by which they are to be assessed except the opinion and judgment of reasonable men. See PREHN V. THE ROYAL BANK OF LIVERPOOL (1870) LR 5 EXCHIBIT 92. Therefore as long as the award of general damages aligns with what can be perceived or considered as one that can, in the opinion of reasonable men be capable of being awarded, there will be no reason to disturb the award.

– O. Daniel-Kalio, JCA. Egypt v. Abdoulaye (2017) – CA/K/540/2014

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