LEGAL PRINCIPLE: CIVIL PROCEDURE — Damages — Distinction Between General and Special Damages — General Damages Not Available for Quantifiable Loss
PRINCIPLE STATEMENT
General damages cannot stem from a loss that readily lends itself to quantification or assessment, such as the cost of repairs or replacement; such loss must be claimed as special damages and strictly proved.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Rockonoh Property Co. Ltd v. Nigerian Telecommunications Plc (2001) NLC-711995(SC) at pp. 27–28; Paras C–A.
"The general damages in this case cannot stem from the mere fact of the very loss occasioned by the destruction of the house and store which by their nature readily lend themselves to quantification or assessment going by evidence of the cost or repairs or replacement as the case may be... The principle in regard to the assessment and award of special damages is different from that of general damages. In the former, damages are specially pleaded, strictly proved and accordingly awarded; in the latter, they are averred, if necessary under specific heads of claim, presumed in law to be the direct and natural consequence of the act complained of and awarded at large as a jury question."
EXPLANATION / SCOPE
Special damages must be specially pleaded and strictly proved. General damages are presumed as the natural consequence of the wrong and awarded at large. A loss that can be quantified (e.g., cost of repairs or replacement) cannot be claimed as general damages—it must be claimed as special damages. The court cannot award general damages for quantifiable loss because that would circumvent the requirement of strict proof. The distinction ensures that plaintiffs cannot recover unproven amounts under the guise of general damages. The principle applies to all civil claims. The party must plead and prove the exact amount of quantifiable loss. The court will not speculate on quantifiable damages.
