PRINCIPLE STATEMENT

In an action for breach of contract, a plaintiff who is well compensated under one head of damages for a particular claim cannot also be compensated in respect of the same claim under another head of damages as this will amount to double compensation.

RATIO DECIDENDI (SOURCE)

Per Ogundare, JSC, in Kusfa v. United Bawo Construction Co. Ltd (1994) NLC-1801989(SC) at p. 22; Paras A--B.
"The law however, goes on to lay down that in an action for breach of contract a plaintiff who is well compensated under one head of damages for a particular claim cannot also be compensated in respect of the same claim under another head of damages as this will amount to double compensation."
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EXPLANATION / SCOPE

The anti-double recovery rule prevents plaintiffs from receiving compensation multiple times for the same loss under different damage categories. For example: claiming lost profits under both “loss of bargain” and “consequential damages” for the same lost opportunity; recovering repair costs and diminution in value for the same property damage. Courts must ensure damage awards compensate each distinct loss once, not repeatedly. This requires careful analysis of what each damage head compensates and ensuring no overlap. Different heads should address different losses: lost profits (economic loss), pain/suffering (non-economic loss), property damage (tangible loss). The rule prevents windfall recovery while ensuring full compensation for all actual losses. Plaintiffs can recover under multiple heads if each compensates a distinct loss.

CASES APPLYING THIS PRINCIPLE