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COURT OF APPEAL CAN ASSESS DAMAGES

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Dictum

As such is the position, there is now no need for this court or the Court of Appeal to look at an issue of damages as if it were a sacred cow reserved for the court of trial. The correct approach ought to be that unless an issue of credibility of witnesses as to damages arises in the proceedings, the appellate court ought, on entering or affirming a judgment in favour of the plaintiff, to assess and award damages to which he is entitled.

– Pats-Acholonu, JSC. C & C Constr. v. Okhai (2003) – SC.8/1999

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INSTANCES WHEN APPEAL COURT WILL INTERFERE WITH DAMAGES GRANTED BY TRIAL COURT

The appellant’s learned senior counsel had submitted that it had shown reasons for this Court to interfere with the award of damages. An appellate Court does not usually interfere with award of damages unless: (a) the trial Court acted under a mistake of law; or (b) where the trial Court acted in disregard of some principles of law: or (c) where the trial Court acted under 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 ridiculously low or high that it must have been a wholly erroneous estimate of the damages, see SPDCN v. Tiebo VII (supra); Cameroon Airlines v. Otutuizu (supra); British Airways v. Atoyebi (2014) 13 NWLR (Pt. 1424) 253; Agu v. General Oil Ltd. (2015) 17 NWLR (Pt. 1488) 327.

— O.F. Ogbuinya JCA. Stanbic IBTC Bank Plc v. Longterm Global Cap. Ltd. & Ors. (September 20 2021, ca/l/1093/2017)

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TRESPASS: SPECIAL VS GENERAL DAMAGES

In an action for damages for special damages for trespass, special dam-ages must be pleaded and strictly proved, the value pleaded being normally a reflection of the prevailing market prices. The vital difference between a claim for compensation under the Land Use Act and compensation in trespass Is that general damages is only claimable in trespass.

— Obaseki, JSC. Foreign Finance Corp. v Lagos State Devt. & Pty. Corp. & Ors. (1991) – SC. 9/1988

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DAMAGES FOR SUFFERING, PAIN, ANXIETY SHOULD BE ASSESSED ON REASONABLE BASIS

Sellers, L. J. in Wise v. Kaye (1962) 1 All ER 257 and which states thus: “It has always been accepted that physical injury and the personal experience of pain, and also of suffering, including worry and anxiety for the future and apprehension of an operation, or of nursing or deprivation of activity owing to disablement or embarrassment or limitation felt by reason of disfigurement, cannot in any true sense be measured in money… Damages for such injuries, originally almost invariably assessed by juries, were said to be ‘at large’, and had to be assessed on a reasonable and fair basis between party and party. There can be no restitution for the loss of a limb or loss of faculty but the law requires adequate compensation to be assessed.”

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PERSON CLAIMING DAMAGES SHOULD PROVE HE IS ENTITLED TO DAMAGES UNDER THAT HEAD

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

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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

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

In the American case of Warfield Natural Gas Co. v. Wright 54 SW 2nd it was held that where pain is claimed as an element of damages the impossibility of definitely measuring the damages by a money standard is no ground for denying pecuniary relief.

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