LEGAL PRINCIPLE: APPELLATE PRACTICE — Damages — Assessment by Appellate Court — Appellate Court May Assess Damages Where Record Contains Enough Evidence
PRINCIPLE STATEMENT
Where the trial court made no assessment of damages, the appellate court can make the assessment itself if there exists on the record enough evidence on which assessment can be based.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in C & C Construction Co. Ltd v. Okhai (2003) NLC-81999(SC) at p. 21; Paras D–E.
"Where, however, the trial court made no assessment of damages, an appellate court can make the assessment itself if there exists on the record enough evidence on which assessment can be based."
EXPLANATION / SCOPE
An appellate court may assess damages where the trial court failed to do so. The principle applies to appellate practice. The record must contain sufficient evidence. The rule avoids the need for a retrial. The appellate court will base its assessment on the evidence. The principle is well-established.