Damages (151)
"The awards made by the trial judge was exactly what the Respondent claimed in his pleading, except for the punitive damages, reduced to N30Million.
"There is no doubt that a plaintiff claiming special damages must clearly plead facts that will sustain all items of the special damages but in the case of general damages a plaintiff is only expected to make averment concerning the loss or damages suffered as a result of breach of duty or care to the plaintiff by the Defendant and to show that the monetary claim in general damages falls within the reasonable contemplation of the parties. It must be proved that the sum would be reasonable enough to assuage or compensate for the damages or loss suffered by the Plaintiff. See (1) G.K. INVESTMENTS TELECOMMUNICATIONS PLC. (2009) 15 NWLR (PART 1164) 344 AT 376 G -377 A - C." Per IGE, J.C.A. (Pp. 72-73, paras. F-A) MUSBAWU ABDULLAHI & ANOR v. ESTHER MAMZA(2013) LPELR-21964(CA)
"...matters within the scope of special damages must be specifically pleaded and strictly proved by a plaintiff, while the quantum of general damages is premised on the assessment of a trial Judge.
"In order to properly define the onus and standard of proof concerning the claim for General Damages and special damages a distinction ought to be made between the two types of damages.
"General damages is the type of damages which the law presumes to naturally flow from and assuage the wrong complained of against a defendant. Therefore, general damages need not be specifically pleaded and proved.
"The question, whether a party can be awarded damages twice for the same injury is clearly settled that, where a victim of tort has been fully compensated under one head of damages for a particular injury, it is improper to award him damages in respect of the same injury under another head. This is the rule against double compensation.
"...the law is settled that there must be before the court the cost of the damaged vehicle or estimated value before the accident and the probable amount of the damaged car or vehicle to enable the court of trial properly to assess the damages that is commensurate to the level of negligence caused. See the case of S.W. UBANI - UKOMA VS. G.E. NICOL (1962) 1 ALL N.L.R. 105 AT 106." Per IGE, J.C.A. (Pp. 68-69, paras. F-A) MUSBAWU ABDULLAHI & ANOR v. ESTHER MAMZA(2013) LPELR-21964(CA)
"The law is trite that special damages must be strictly proved by the person who claims to be entitled to them.
"The law is trite that special damages must be strictly proved by the person who claims to be entitled to them.
"The object of an award of damages is to compensate a person for the injury he has sustained by reason of the act or default of another, whether the act or default is a breach of contract or tort.