DAMAGES AND REMEDIES — General and Special Damages — Distinction — Double Compensation — Court Must Avoid Compensating Party Twice for Same Injury
Ratio Decidendi
Per G.A. Oguntade, JSC, in Kopek Construction Ltd v. Ekisola (2010) NLC-123-213-2002(SC) at p. 16; Paras D—E:
"In the award of damages, a court must be mindful of the necessity to ensure that a party is not doubly compensated for the same injury."
Explanation / Scope
This principle establishes that courts must avoid double compensation for the same injury when awarding damages. The principle applies where multiple heads of damages are claimed. It ensures that plaintiffs are not overcompensated. The principle reflects the rule against double recovery. It prevents unjust enrichment. The court must ensure that damages are not duplicated. The principle provides guidance on avoiding double compensation.