CIVIL PROCEDURE — Damages — General Damages — Dependence on establishment of liability
Ratio Decidendi
Per Muhammad, JSC, in Hamza v. Kure (2010) NLC-123-227-2001(SC) at p. 13, paras. A–B:
"The general principle of the law of liability, especially in torts of negligence is that award of damages entirely depends on whether a party has established his case or not."
Explanation / Scope
This principle establishes that in torts of negligence, the award of general damages depends entirely on whether the plaintiff has established liability. The principle applies in negligence claims. It ensures that damages are only awarded where liability is proved. The principle reflects the dependence of damages on liability. It prevents awards without proof of the case. The court must first determine liability. The principle provides guidance on the relationship between liability and damages.