LEGAL PRINCIPLE: DAMAGES AND REMEDIES — General Damages — Appellate Review of Assessment
PRINCIPLE STATEMENT
General damages will only be altered on appeal if they are manifestly too high or too low, or awarded on an entirely wrong principle, making them an entirely erroneous estimate of the damages to which the plaintiff is entitled.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Neka B.B.B. Manufacturing Co. Ltd v. African Continental Bank Ltd (2004) NLC-321997(SC) at p. 26; Paras A–C.
"This is unlike an award in general damages where, if the issue of liability is established, a trial Judge is entitled to make his own assessment of the quantum of such general damages and, on appeal, such general damages will only be altered or varied if they were shown to be either so manifestly too high or so extremely too low or that they were awarded on an entirely wrong principle of law as to make it, in the judgment of the appellate court, an entirely erroneous estimate of the damages to which the plaintiff is entitled."
EXPLANATION / SCOPE
General damages assessment is reviewed only for manifest error or wrong principle. The principle applies to damages appeals. The appellate court will not substitute its view. The rule respects trial court discretion. The appellant must show clear error. The principle is well-established.