LEGAL PRINCIPLE: DAMAGES AND REMEDIES — Special Damages — Proof — Strict Proof Achieved by Evidence
PRINCIPLE STATEMENT
Where a plaintiff claims more than he can prove, he is awarded the lesser amount; the key is whether the amount claimed and pleaded matches the amount proved in evidence.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Haston (Nigeria) Limited v. African Continental Bank Plc (2002) NLC-1091998(SC) at pp. 19–20; Paras B–C.
"Surely, the law is trite that where a plaintiff claims more than he can prove, he is awarded the lesser amount. In the case on hand I cannot see any difference in the amount claimed and pleaded and the amount proved in evidence."
EXPLANATION / SCOPE
Special damages must be strictly proved. The plaintiff must adduce evidence of the exact amount. If the plaintiff claims more than can be proved, the court may award a lesser amount. The principle ensures that plaintiffs are not penalised for overstating claims. The court will examine the evidence and award what is proved. The rule applies to all claims for special damages. The plaintiff must not be awarded more than is proved. The court may reject exaggerated claims. The principle promotes fairness and accuracy. The plaintiff should claim the actual amount expected to be proved. The court will not award unproven amounts.
