LEGAL PRINCIPLE: CIVIL PROCEDURE – Remedies – Special Damages – Proof – Requirement of Particularity in Evidence
PRINCIPLE STATEMENT
The law on the award of special damages is clear; and that is, that the onus is on the plaintiff to prove special damages strictly; in order to discharge this burden the plaintiff must show by credible evidence that they are indeed entitled to the award of special damages; that is, the evidence adduced by the plaintiff must show the same particularity as is necessary to its pleading.
RATIO DECIDENDI (SOURCE)
"The law on the award of special damages is clear. And that is, that the onus is on the Plaintiff to prove special damages strictly... In order to discharge this burden the Plaintiff must show by credible evidence that he is indeed entitled to the award of special damages. That is, the evidence adduced by the Plaintiff must show the same particularity as is necessary to its pleading."
EXPLANATION / SCOPE
This restates and reinforces Principle 627. Onus: Plaintiff bears burden of proving special damages strictly—not defendant to disprove. Strict proof: Credible evidence showing entitlement—believable, reliable proof of actual losses. Particularity requirement: Evidence must match pleading’s particularity—same specificity in evidence as in claim. If pleading claims: specific amounts, particular items, and detailed losses—evidence must: prove each specific amount, establish each particular item, and verify detailed losses. “Same particularity” means: if pleading says “N50,000 for repairs,” evidence must prove that exact claim with supporting documentation/testimony. Cannot: plead specifically then prove vaguely, claim detailed losses then give general evidence, or particularize in pleading then generalize in proof. This serves: ensuring special damages actually proven (not assumed), requiring proof matching specificity of claim, and preventing recovery without proper evidence. Credible evidence means: believable, supported by documentation where appropriate (receipts, invoices, expert reports), and convincing. Courts assess: does evidence support the specific claims? is it credible? does it enable precise calculation? Without meeting these standards: special damages fail, claim is dismissed, and plaintiff recovers nothing for those items. This strict standard ensures: special damages represent actual proven losses, not speculative claims or estimated amounts. The principle requires exact correspondence between pleading particularity and evidence particularity.