DAMAGES AND REMEDIES — Assessment of Damages — Must Be Based on Pleadings and Evidence
Ratio Decidendi
Per Musdapher, JSC, in International Messengers Nig. Ltd v. Nwachukwu (2004) NLC-1322000(SC) at p. 14; Paras C–D:
"The assessment of damages should be based on the pleadings and the evidence adduced, and where there is no evidence to support a claim for damages, the claim should be dismissed."
Explanation / Scope
Damages assessment must be based on pleadings and evidence adduced. A claim for damages without supporting evidence must be dismissed. The principle applies to all claims for damages. The plaintiff cannot rely on speculation or conjecture. The rule ensures damages are proved, not assumed. The court cannot award damages where no evidence supports the claim.