Damages (151)
HELD:
"In his Reply brief, Mr. Adeshi reiterated his earlier submission that special damages must be strictly proved and submitted that the judicial authorities referred to by his learned friend for the Respondents are distinguishable from the present circumstances.
HELD:
"Going through issue two, it is not in doubt that damage is deemed to be in issue and this type of damage is in the realm of special damages which requires strict proof which would readily lead itself to quantification and assessment. See Osuji v. Isiocha (1989) 3 NWLR (part 111) pages 623 at 638 para F and Odulaja v. Haddad (1973) S.C. 357." See ADEKANBI v. OSENI & ANOR (2017) LPELR-42370(CA) Per FASANMI, J.C.A. (Pp. 13-14, Paras. F-B)
HELD:
"By no means can the sum be ordered to be paid by the Court be over and above that which was being paid as rent before the termination of the tenancy. Such payment can only come by way of special damages, if pleaded and proved in accordance with the law.
HELD:
"To succeed for the award of special damages, the plaintiff or claimant (in this case the Respondent) must specifically plead same and strictly prove it by credible and ascertainable facts by way of evidence led. See: Anyanwu V. Uzowuaka (2009) 13 NWLR (Pt. 1159)445 (SC)." See DANWE & ORS v. TUKUR(2019) LPELR-46996(CA)Per HUSSAINI, J.C.A. (P. 15, Paras. C-D)
FACTS:
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." It could also be expressed as "the recompense given by process of law to a person for the wrong that another has done him." (See Halsbury Laws of England: 3rd Edition Vol. 11 at 216); Machine Umudje & Anor v Shell BP Petroleum Development Company Nig. Ltd. (1975) LPELR - 3375(SC), R.O Iyere v. Bendel Feed & Flour Mill Ltd. (2008) 18 NWLR (pt 1119) 300." FIRST BANK OF NIGERIA PLC & ORS v. ATTORNEY-GENERAL OF THE FEDERATION & ORS(2018) LPELR-46084(SC)Per OKORO, J.S.C. (Pp. 83-84, Paras. E-B)
FACTS:
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. - - I do not agree that the action of the Respondents amount to such exaggerated description.
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:
"I must say that the Appellants outlined the necessary framework for resolving this issue, one way or the other. As they rightly submitted, the following factors emanate from authorities they cited - Odogu V. AG, Fed. (supra), Onwu V. Nka (supra), Eliochin Ltd. V. Mbadiwe (supra), ACB. V. Apugo (supra), UBN V. Odusote Bookstores (supra), where this Court will interfere and reverse compensatory damages - -