DAMAGES AND REMEDIES — Special Damages — Proof of Special Damages — Standard of Proof Required
Ratio Decidendi
Per Mun-taka Coomassie, JSC (quoting Iguh, JSC in Nzeribe v. Dave Eng. Co. Ltd.), in ASESA v. Ekwenem (2009) NLC-123-174-2002(SC) at pp. 24–25; Paras D–A:
"All that the rule requires is that person making a claim in special damages should establish his entitlement to that type or class of damages by credible evidence of such character as would satisfy the court that he is indeed entitled to an award under that head, otherwise the general law of evidence as to proof on the balance of probabilities or by preponderance or weight of evidence which ordinarily applies in civil cases operates."
Explanation / Scope
This principle establishes that special damages must be proved by credible evidence sufficient to satisfy the court of entitlement. The standard is proof on the balance of probabilities, not beyond reasonable doubt. The principle applies where special damages are claimed. It ensures that claims are supported by evidence. The principle reflects the civil standard of proof. It prevents unsubstantiated claims. The court must assess the credibility of the evidence. The principle provides guidance on the standard for special damages. It ensures that plaintiffs provide reasonable proof of their losses. The principle balances the need for proof with the civil standard.