DAMAGES AND REMEDIES — General and Special Damages — Award for Unproven Special Damages Is a Wrong Principle of Law
Ratio Decidendi
Per Edozie, JSC, in Stirling Civil Engineering (Nigeria) Ltd v. Yahaya (2005) NLC-123-301-2001(SC) at p. 13; Paras B–C:
"I am of the view that the award under consideration was made in violation of the first principle stated above, that is, it was in violation of some principle of law. This is so, because it is incongruous to make an award for a claim for special damages which had not been proved much less particularised."
Explanation / Scope
Special damages must be proved and particularised before an award can be made. An award without proof violates legal principles. The principle applies to damages in civil proceedings. The rule prevents courts from granting unsubstantiated claims.