EVIDENCE LAW — Special Damages — Requirement of Strict Proof — Plead, Particularise and Prove
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Cameroon Airlines v. Otutuizu (2011) NLC-123-217-2004(SC) at p. 18; Paras A—C:
"Special damages are for a fixed sum, unlike General damages which are at large, and awarded entirely at the discretion of the Judge. To succeed in a claim for Special damages a party must plead, particularise, or itemise it. It must be claimed specially and proved strictly."
Explanation / Scope
This principle establishes that special damages are for a fixed sum and must be pleaded, particularised, itemised, and strictly proved, unlike general damages which are at large. The principle applies where special damages are claimed. It ensures that such claims are properly proved. The principle reflects the strict requirements for special damages. It prevents unsubstantiated claims. The court must require strict proof. The principle provides guidance on special damages.