CIVIL PROCEDURE — Damages — Breach of Contract — Double Compensation Prohibited
Ratio Decidendi
Per Ogbuagu, JSC, in Arisons Trading & Engineering Company Ltd v. The Military Governor of Ogun State & Ors (2009) NLC-123-209-1999(SC) at pp. 38-39; Paras D–B:
"In such a claim, the court must be careful, not to compensate a party twice for the same wrong. By the law against double compensation, a party who has been fully compensated under one head of damages for a particular injury, cannot be awarded damages in respect of the same injury under another head as appears to be the intention of the Appellant."
Explanation / Scope
This principle prohibits double compensation for the same wrong. A party who has been fully compensated under one head of damages cannot be awarded damages for the same injury under another head. The principle applies in claims for damages where multiple heads are claimed. It ensures that the plaintiff is 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 assessing damages across different heads. It ensures that the plaintiff is made whole but not more.