SPECIAL DAMAGES SUCCEEDS ONLY ON ACTUAL LOSS

SPECIAL DAMAGES CAN SUCCEED ONLY UPON CONCRETE PROOF

The trite position of the law as restated in these decisions of the apex Court is that a claim for special damages being exceptional and specific in nature, can succeed only upon concrete proof and not upon admission, either implied or express. Simply put because special damages are exceptional and specific in nature, they will not succeed and will not be granted as a matter of course upon admission, express or otherwise, even where it is specifically pleaded as required by the law.

— A.A. Wambai, JCA. Aliyu v. Bulaki (2019) – CA/S/36/2018

SPECIAL DAMAGES DOES NOT SUCCEED ON ADMISSION BY OTHER PARTY – SPECIAL DAMAGES MUST BE STRICTLY PROVED

The paramount question that arises is whether a claim for special damages such as the Respondent’s claim in the instant appeal, will succeed on the defendant’s part admission of the claim. This was the question answered by the Supreme Court in the case of NNPC V CLIFCO NIG. LTD (2011) 4 MJSC 142 at 174 as follows: “A claim for special damages will not succeed simply because there is admission of claim, special damages are never inferred from the nature of the act complained of. They do not follow in the ordinary course as is the case with general damages. They are exceptional and so must be claimed specifically and proved strictly. See Incar v. Benson (1975) 3 SC 117; Odulaja V. Haddad (1973) 11 SC 357.”

— A.A. Wambai, JCA. Aliyu v. Bulaki (2019) – CA/S/36/2018

SPECIAL DAMAGES CANNOT BE AWARDED ON ANTICIPATED LOSS

In Young vs Chevron (Nig) Ltd 2013 LPELR 22126, the plaintiff set out the particulars of the crops that were destroyed in his farm and the expected earnings from those crops which he pleaded and gave evidence that the employees, agents, contractors and servants of the defendant had destroyed by setting fire to his farm. The learned trial Judge found that the plaintiff had not proved the items of special damages, as the pleadings and depositions merely contain speculations as to the number of plants and the expected income. On appeal, the Court of Appeal held: – “A Court is not expected to believe and act on evidence that is manifestly incredible or unreliable, merely because the plaintiff said so; the evidence itself must be credible evidence, before it can be acted on by a Court of law. What if the Appellant had claimed that the farm produce he lost was worth a Billion Naira, with nothing whatsoever to substantiate his claim, will a reasonable man expect the lower Court to hand it to him just like that? No, he would have to show some proof that he is entitled to such an amount, and that is what was required of him some evidence to back up his claims.”

CLAIMANT SHOULD ESTABLISH ENTITLEMENT TO SPECIAL DAMAGES

Whenever special damages are claimed, the party so claiming has an uphill task of a strict proof. In effect the rule requires anyone asking for special damages to prove strictly that he suffered such special damages as he claimed. Thus, the claimant should establish his entitlement to that type of damages by credible evidence of such character as would suggest that he is indeed entitled to an award under that head. The general law of evidence as to proof by preponderance in civil cases operates in discharging such burden of proof. The Respondent failed to prove special damages.

— H. Mukhtar, JCA. Aliyu v. Bulaki (2019) – CA/S/36/2018