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WHEN APPELLATE COURT WILL INTERFERE IN DAMAGES AWARDED

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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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APPELLATE COURT WILL NOT DISTURB DAMAGES OF LOWER COURT SIMPLY BECAUSE IT WOULD HAVE AWARDED A DIFFERENT FIGURE

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

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SPECIFIC PERFORMANCE DISTINGUISHED FROM DAMAGES

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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DAMAGES – WHEN APPELLATE COURT WILL INTERFERE WITH DAMAGES AWARDED

Damages are awarded at the discretion of the trial Court, and so an appeal Court is reluctant to interfere with how the trial Court exercises its discretion unless: a) The exercise is tainted within illegality or substantial irregularity. b) If it is in the interest of justice of interfere. c) The discretion is wrongly exercised. See C.B.N vs. Okojie (supra) and University of Lagos vs. Aigoro (1985) 1 NWLR (part 1) 43 and Salu Vs Egeibon (1994) 6 NWLR (part 349) 23. An appellate Court would also interfere when it is satisfied That: a) The trial Court acted under a mistake of law; or b) The trial Court acted in disregard to some principles of law; or c) The trial Court acted under a misapprehension of facts; or d) The trial Court took into account irrelevant matters or failed to take into account relevant maters, or e) Injustice would result if the appellate Court does not interfere, or f) The amount awarded is ether ridiculously low or ridiculously high, that it must have been a wholly erroneous estimate of the damages – British Airways vs. Atoyebi (2014) 13 NWLR (part 1424) 253 at 265 266; African Newspapers (Nig.) Plc vs. Useni (2015) 3 NWLR (part 1447) 464 at 475 476 and Guardian Newspapers Ltd vs. Ajeh (2011) 10 NWLR (part 1256) 574.

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WHAT IS DAMAGES

Damages have been defined as: “that pecuniary compensation which law awards to a person for the injury he has sustained by reason of the act or default of another whether that act or default is a breach of contract or tort”, see Iyere v. B.F.F. M Ltd (2008) 18 NWLR (Pt. 1119) 300 at 345, per Muhammad, JSC; Umudje v. SPDCN (1975) 841 SC 155 at 162; Neka B.B.B. Mfg. Co. Ltd. v. A.C.B. Ltd (2004) 2 NWLR (Pt.. 858) 521.

— 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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DAMAGES IN BUILDING CONTRACT

In Mertens v. Home Freeholds Company (1921),2 K.B. 526, where the Court approved the law on this point as stated in an earlier edition of Hudson. In that case the contractor had undertaken to build to the roofing and the Court held:- The proper measure of damages was what it cost the plaintiff to complete the house substantially as it was originally intended and in a reasonable manner at the earliest moment he was allowed to proceed with the work, less any amount which would have been due and payable by the defendant to the plaintiff, had the defendant completed the house to the roofing at the time agreed by the terms of the contract.

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