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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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.
Damages are the sum of money which a person who has been wronged is entitled to receive from the wrong doer as compensation for loss or injury, hence, no loss or injury, no award of damages. It is clear that the award of damages follows events. See, MUSTAPHA v. ABUBAKAR & ORS. (2022) LPELR 41830 (CA), FBN v. OJO (2022) LPELR-57503 (CA), KEYSTONE BANK LTD. v. ABDULGAFARU YUSUF & CO. LTD (2021) LPELR-55646 (CA), CRC CREDIT BUREAU LTD v. LONGTERM GLOBAL CAPITAL LTD & ANOR (2021) LPELR 55574 (CA), MRS OLUFUMILAYO ESTHER & ANOR v. TOPNOTCH PROPERTIES LIMITED (2017).
— A.O. Obaseki-Adejumo, JCA. FRSC v Ehikaam (2023) – CA/AS/276/2019
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
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
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
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 fall back for remedy at common law for damages. Specific performance is a discretionary remedy. This does not mean that it will be granted or withheld arbitrarily; the discretion is a judicial discretion and is exercised on well settled principles. It means that in an action for the specific performance of a contract of the class usually enforced, the court may take into account circumstances which could not be taken into account in an action for damages for breach of contract, such as the conduct of the plaintiff, or the hardship which an order for specific performance will inflict on the defendant.
– Ba’Aba JCA. Enejo v. Nasir (2006)
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