CIVIL PROCEDURE — Damages — General Damages — Appellate Court’s Attitude to Award
Ratio Decidendi
Per Oguntade, JSC, in Shell Petroleum Development Company of Nigeria Limited v. Tiebo & Ors (2005) NLC-91999(SC) at p. 18; Paras C–D:
"The only circumstance justifying an interference with the award of general damages made by a court of trial by an appellate court is when the award is manifestly too high or manifestly too little so as to raise inference that it was an erroneous assessment of the damage suffered or where the trial Judge had made the award relying on a wrong principle."
Explanation / Scope
General damages awards are within trial court’s discretion. Interference requires manifest excess or inadequacy, or reliance on wrong principle. The principle applies to appellate practice and damages.