MOHAMMED ADO-IBRAHIM v. KING ADO-IBRAHIM
(2014) LCN/7021(CA)
RATIO
DAMAGES: CREDIBLE EVIDENCE MUST BE OFFERED TO PROVE SPECIAL DAMAGES
Damages are pecuniary compensation allowed by law to a plaintiff who has suffered injury or loss, as a result of the action or inaction of the defendant. The damages are to compensate him and put him to the position where he would have been, had he not been so injured – Restitio in integrum.
Damages are basically classified in to three – General, Special and Nominal. General damages are those that the law will presume as the direct, natural or probable consequences of an act which is the subject of the complaint. Special damages on the other hand, do not follow in the ordinary course of event, and so, are not inferred. The law regards them as exceptional in character and so requires that they are claimed specially and proved strictly. They must be such, that they are subject to assessment or quantification. See CALABAR SOCIETY VS. IKOT (1999) 14 NWLR (Pt. 638) 225; ODULAJA VS. HADDAD (1973) NSCC 614 at 617 and DARE VS. FAGBAMILA (2009) 14 NWLR (Pt. 1160) 177.
So, if a plaintiff pleads special damages and offers evidence in support which is credible and which the court regards as a proper assessment of such, then the plaintiff will be entitled to the award. Otherwise he would fail. Each case has its peculiarities, and so receipts may not be necessary in certain circumstances, but in others, they may be the only means of proving special damages. When there is proof and the trial court awards special damages, an appellate court will not interfere unless there was miscarriage of justice, there is a wrong exercise of discretion, or the finding is perverse – MAGAJI VS. ODOFIN (1978) 4 SC 91; WOLUCHEM VS. GUDI (1981) 5 SC 291 and SANNI VS. ADEMILUYI (2003) 3 NWLR (Pt. 807) 381.
The credible evidence which a plaintiff must produce, while claiming special damages, must be “of such character as would suggest that he indeed, is entitled to an award under that head.” If he produces such evidence, and it is not challenged or controverted by his opponent, he will be entitled to the award – A.G VS. FAIRLAKES HOTELS (NO. 2) (1989) 5 NWLR (Pt. 121) 255 and N.M.S.L. VS. AFOLABI (1978) 2 S.C 79. Even oral evidence can be led, to prove special damages, once it is credible and not controverted. If the plaintiff is able to prove his claims for special damages and the court awards same in full, he cannot be entitled to general damages again, as that would tantamount to double compensation which is not a judicious entitlement. See F.B.N. VS. IGUNBOR (2007) 6 NWLR (Pt. 602) 631. Conversely, if a plaintiff fails to prove special damages, he must fail, and the court is not entitled to award him any general damages thereby – SHELL (NIG) LTD VS. TIEBO VII (2005) ALL FWLR (Pt. 265) 990.
As stated earlier, the basis upon which the calculation was made, in a claim for special damages, must be particularized and pleaded expressly in the statement of claim, as a mandatory pre-condition, so that the defendant and the court, will have access to those facts to enable them ascertain the calculation made, since it is arithmetical. – UNIPETROL VS. BUKAR (1997) 9 NWLR (Pt. 521) 388; GONZEE VS. M.E.R.D.C. (2005) 13 NWLR (Pt. 943) 634. So, if a plaintiff claims and proves legal fees as special damages, he can succeed – F.B.N VS. ABBA (1998) 10 NWLR (Pt. 569) 227 and OBASUYI VS. BUSINESS VENTURES (2000) 5 NWLR (Pt. 658) 668. So, any evidence received, when there is no pleading expressly made upon which to receive them in that regard, will go to no issue. Per ABUBAKAR DATTI YAHAYA, J.C.A
