DAMAGES AND REMEDIES — Special Damages — Pleading and Proof — Special Damages Must Be Specifically Pleaded and Strictly Proved
Ratio Decidendi
Per Mahmud Mohammed, JSC, in Xtoudos Services Nigeria Limited & Anor v. Taisei (W.A.) Limited & Anor (2006) NLC-123-401-2001(SC) at pp. 11–12; Paras B–D:
"Special damages are such as the law will not infer from the nature of the act. They do not follow in the ordinary course. They are exceptional in their character and therefore they must be claimed specially and proved strictly."
Explanation / Scope
Special damages are exceptional and not presumed; they require specific claim and strict proof. The principle applies to damages.