DAMAGES AND REMEDIES — Special Damages — Proof — Requirement to Specifically Plead and Prove
Ratio Decidendi
Per A.M. Mukhtar, JSC, in Kopek Construction Ltd v. Ekisola (2010) NLC-123-213-2002(SC) at p. 23; Paras A—C:
"The position of the law is that for a relief of special damages to succeed a plaintiff must specifically plead and prove it and support it with credible evidence."
Explanation / Scope
This principle establishes that special damages must be specifically pleaded and proved with credible evidence. The principle applies where special damages are claimed. It ensures that claims for special damages are properly particularized. The principle reflects the requirement for strict proof. It prevents unsubstantiated claims. The court must require specific pleading and proof. The principle provides guidance on the requirement for special damages.