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TRESPASS: SPECIAL VS GENERAL DAMAGES

Dictum

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 BREACH OF CONTRACT IS BASED ON RESTITUTIO IN INTEGRUM

In awarding damages in an action founded on breach of contract, the rule to be applied is restitutio in integrum that is, in so far as the damages are not too remote, the plaintiff shall be restored as far as money can do it, to the position in which he would have been if the breach had not occurred.

– ADEKEYE, J.S.C. Cameroon v. Otutuizu (2011) – SC.217/2004

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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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SPECIAL DAMAGES VS GENERAL DAMAGES

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

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WHEN APPELLATE COURT WILL INTERFERE IN DAMAGES AWARDED

An award of damages is within the discretionary powers of the court. An appellate court would not usually interfere with a previous award unless satisfied (a) that the trial court acted under a mistake of law; or (b) where the trial court acted in disregard of some principle of law; or (c) where it acted under a 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 either ridiculously low or ridiculously high that it must have been a wholly erroneous estimate of the damage.

– Kekere-Ekun JSC. British v. Atoyebi (2014) – SC.332/2010

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GENERAL VS SPECIAL DAMAGES

It is the law that general damages such as the law will presume to be the natural or probable consequence of the defendant’s act need not be specifically pleaded. It arises by inference of law and need not therefore be proved by evidence and may be averred generally. On the, other hand, special damage is such loss as the law will not presume to be the consequence of the defendant’s act but which depends in part, on the special circumstances of the case. Special damages must be specifically pleaded and strictly proved.

– Kekere-Ekun JSC. British v. Atoyebi (2014) – SC.332/2010

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THE CONCEPT OF GENERAL DAMAGES & SPECIAL DAMAGES

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

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