LEGAL PRINCIPLE: DAMAGES AND REMEDIES — General Damages — Damages Must Be Proved by Evidence as They Are Deemed Traversed
PRINCIPLE STATEMENT
A claim for damages is always deemed to be in issue. Any allegation that a party has suffered damages and as to the amount is deemed traversed unless specifically admitted. Implied admission from default of pleadings does not extend to averments in respect of damages.
RATIO DECIDENDI (SOURCE)
Per Onnoghen, JSC, in Iwueke v. Imo Broadcasting Corporation (2005) NLC-892001(SC) at p. 15; Paras E–A.
"The law is that in an action, a claim for damages is always deemed to be in issue. That being the case any allegation in pleadings that a party has suffered damages and any allegation as to the amount of damages so suffered is deemed to be traversed unless of course, specifically admitted... It follows therefore that though for the purpose of a proceeding for judgment in default of pleadings the defendant, as in this case, is deemed to have admitted the facts as pleaded in the statement of claim, such implied admission does not extend to averments in respect of damages."
EXPLANATION / SCOPE
Damages are always deemed traversed unless specifically admitted. Default judgment admissions do not extend to damage claims. The principle applies to civil procedure and damages. The rule protects defendants from being saddled with unproven damages despite default. The plaintiff must still lead evidence to prove damages. Implied admission covers facts but not unliquidated damages.