LEGAL PRINCIPLE: DAMAGES AND REMEDIES — Special Damages — Proof — Distinction from General Damages
PRINCIPLE STATEMENT
The distinction between special and general damages lies in pleading and proof; if the pleading shows how damages can be calculated and quantified upon strict proof, it is a claim for special damages.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Layinka & Anor v. Makinde & Ors (2002) NLC-1341998(SC) at pp. 11–12; Paras D–A.
"The distinction between special and general damages is usually a question of pleading and proof, and the mode of assessment. If what is pleaded shows in what manner the damages can be calculated and quantified upon strict proof, it is a claim for special damages."
EXPLANATION / SCOPE
Special damages must be specifically pleaded and strictly proved. General damages are presumed from the wrong and need not be quantified with particularity. The distinction is determined by the pleading: if the claim can be calculated and quantified upon strict proof, it is special damages. The principle ensures that defendants are not surprised by unparticularised claims for quantifiable losses. The court cannot award special damages without strict proof. The rule applies to all civil claims. The plaintiff must provide evidence of the exact amount. General damages are awarded at large. The distinction is fundamental to damages assessment.