LEGAL PRINCIPLE: EVIDENCE LAW — Unliquidated Damages — Plaintiff Must Lead Evidence to Prove Quantum
PRINCIPLE STATEMENT
Apart from the exception stated supra in relation to admission of facts for judgment in default of pleadings, there is the specific principle of law that in a claim for unliquidated damages the plaintiff must lead evidence as to the damages and the quantum suffered by him.
RATIO DECIDENDI (SOURCE)
Per Onnoghen, JSC, in Iwueke v. Imo Broadcasting Corporation (2005) NLC-892001(SC) at p. 16; Paras B–C.
"Apart from the exception stated supra in relation to admission of facts in a statement of claim for the purposes of proceedings for judgment in default of pleadings, there is the specific principle of law that in a claim for unliquidated damages as in this case the plaintiff must lead evidence as to the damages and the quantum suffered by him."
EXPLANATION / SCOPE
Unliquidated damages require the plaintiff to adduce evidence proving both entitlement and quantum. Default judgment does not dispense with this requirement. The principle applies to evidence law and damages. The rule prevents awards of unproven, speculative damages. The court cannot estimate unliquidated damages without evidence. The plaintiff bears the burden of proof on quantum.