"The law is that in an action, a claim for damages is always deemed to be in issue. That being the case any allegation in pleadings that a party has...
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"Special damages must be pleaded with distinct particularity and strictly proved and a court is not entitled to make an award of special damages based on conjecture or on some...
"The term strict proof required in proof of special damages means no more than that the evidence must show the same particularity as is necessary for its pleading. It should...
"This is unlike an award in general damages where, if the issue of liability is established, a trial Judge is entitled to make his own assessment of the quantum of...
"As far as I am aware, there is no known means of medically assessing the intensity or otherwise of the pain a person is going through. When related to injury,...
"In all civil matters where damages have been suffered the complainant must try in earnest to mitigate his loss. Once the plaintiff discovered he could not recover the barges despite...
"Surely, the law is trite that where a plaintiff claims more than he can prove, he is awarded the lesser amount. In the case on hand I cannot see any...
"The distinction between special and general damages is usually a question of pleading and proof, and the mode of assessment. If what is pleaded shows in what manner the damages...
"The counter-claim of the appellants were also based on the assumption that SGS Inspection Services Ltd (hereinafter called SGS) was the accredited agent of the respondent and on the principle...
"Before a court can commence a meaningful assessment of damages, it must be sure of the nature of the claim, that is to say, whether the claim is in contract...
"It is settled that a Plaintiff is under duty to mitigate his damages and any neglect by him in this respect is a bar to a claim. The question what...
"In any case, alteration of an award of damages will be made only if the award is shown to be either manifestly too high or manifestly too low or was...