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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The law is settled that an appellate Court will not ordinarily interfere with an award of damages made by a trial Court unless it is shown that in the assessment and award of damages, the trial Court applied a wrong principle of law or misapprehended the facts or that the award is so high or so low.
— M.O. Bolaji-Yusuff, JCA. CCB v Nwankwo (2018) – CA/E/141/2017
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
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.
I have to commence my reasoning in this issue by laying emphasis on the notorious fact that the award of damages is essentially the duty of a trial court and will not be interfered with except unless certain circumstances exist:- a. Where the trial court acted under a misapprehension of facts or law b. where it failed to take into account relevant matter c. Where the amount awarded is too low or too high d. where failure to interfere would amount to injustice.
– Adekeye JSC. Harka v. Keazor (2011) – SC.262/2005
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
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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