LEGAL PRINCIPLE: DAMAGES AND REMEDIES — Special Damages — Nature of Strict Proof Explained
PRINCIPLE STATEMENT
Strict proof of special damages means the evidence must show the same particularity as is necessary for its pleading, consisting of evidence of particular losses exactly known or accurately measured before trial. It does not mean unusual proof, but that the plaintiff must give the defendant access to the facts making calculation possible.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Neka B.B.B. Manufacturing Co. Ltd v. African Continental Bank Ltd (2004) NLC-321997(SC) at p. 15; Paras A–C.
"The term strict proof required in proof of special damages means no more than that the evidence must show the same particularity as is necessary for its pleading. It should therefore normally consist of evidence of particular losses which are exactly known or accurately measured before the trial. Strict proof does not mean unusual proof … but simply implies that a plaintiff who has the advantage of being able to base his claim upon a precise calculation must give the defendant access to the facts which make such calculation possible."
EXPLANATION / SCOPE
Strict proof requires particularity and accuracy, not unusual proof. The principle applies to special damages claims. The plaintiff must provide precise calculations. The rule ensures fairness to the defendant. Vague or speculative claims are not allowed. The principle is well-established.
