Damages (151)
HELD:
"Invariably, an appellate Court can only disturb the award of damages by a trial Court, where it is established to the satisfaction of the appellate Court:
"DAMAGES": Meaning of "damages". See FIRST BANK & ORS v. A-G FEDERATION & ORS (2018) LPELR-46084(SC)
HELD:
"Damages have been defined as "the pecuniary compensation which the 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 a tort."
HELD:
"It is to be noted that all the appellants as applicants were well captured on record at the Court of trial all laying claims jointly and so the strangeness that when the Court of Appeal made its findings that their fundamental rights were infringed upon by the respondents, they side lined 5th appellants and the explanation is not nearby.
HELD:
"In Eliochin Nigeria Ltd & Ors v. Victor Ngozi Mbadiwe (1986) 1 NWLR (pt 14) p. 47, this Court held that the primary object of an award of damages is to compensate the plaintiff for the harm done to him or a possible secondary object which is to punish the defendant for his conduct in inflicting that harm.
HELD:
"Issue 4 is whether the Court below was wrong when it held that the Appellants were not entitled to exemplary damages, as follows - The Appellants urged this Hon. Court to award exemplary damages because the conduct of the Respondents disclose malice, fraud, cruelty, insolence and flagrant disregard of the law. - -
HELD:
"One of the factors which a Court should take into consideration in the award of damages for unlawful arrest and detention is the behavior displayed by the respondents in arresting the 2nd-5th appellants on a suspicion of being involved in a contract scam which no doubt damaged their reputation apart from being deprived of their liberty for a period of over 24 hours and before they could regain their liberty the 2nd appellant was forced to issue an undertaking to pay the sum of N600 million within a month as a condition of their bail.
HELD:
"What is the measure of damages to be awarded in breach of contract cases? Oguntade JSC. in EAGLE SUPER PACK (NIG) LTD V ACB PLC (2006) 19 NWLR (PT 1013) 20, explained it thus: "In the preparation of the claim for as well as in the consideration of an award in consequence of a breach of contract, the measure of damages is the loss flowing naturally from the breach and incurred in direct consequence of the violation.
HELD:
"The law is trite that claim for special damages must be specifically pleaded and strictly proved. See Ngilari v. Mothercat Ltd. (1999) 13 NWLR (Pt. 636) page 626 at 647 paras F - H. This cannot be achieved by motion on notice. See Transkomplet Nig. Ltd. v. Galadima (1999) 3 NWLR (pt. 596) page 631 at 644 - 645 paras B - C." See AFOLABI v. TEJUOSO & ANOR (2017) LPELR-42543(CA)Per FASANMI, J.C.A. (P. 23, Paras. A-B)
HELD:
"The two most common forms of damages, and which the trial Court awarded in this matter are special damages and general damages.
HELD:
"The rules as to damages are trite. Damages can be described as compensation in money given to a successful plaintiff in compensation for loss or harm suffered by him.