LEGAL PRINCIPLE: DAMAGES AND REMEDIES — Special Damages — Strict Proof Required for Each Item Claimed
PRINCIPLE STATEMENT
Every item contained in a claim for special damage must be specifically proved, and such proof must be characterized by testimony that ties each item with the evidence led.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Adecentro (Nigeria) Ltd v. Council of Obafemi Awolowo University (2005) NLC-332000(SC) at p. 26; Paras B–C.
"Every item contained in the claim of special damage must be specifically proved and such a proof must be characterized by testimony that ties each item with the proof proffered i.e. the evidence led."
EXPLANATION / SCOPE
Special damages require specific proof for each item claimed. Evidence must tie each item to the claim. The principle applies to damages in civil proceedings. The rule prevents lump-sum or speculative awards. The claimant must particularize each item and provide supporting evidence. General averments or approximate figures are insufficient. Strict compliance is mandatory.
