CIVIL PROCEDURE — Damages — Proof of Special Damages — Meaning of Strict Proof
Ratio Decidendi
Per Oguntade, JSC, in Shell Petroleum Development Company of Nigeria Limited v. Tiebo & Ors (2005) NLC-91999(SC) at pp. 15–16; Paras E–A:
"All that the rule requires is that the person making a claim in special damages should establish his entitlement to that type or class of damages by credible evidence of such character as would satisfy the court that he is indeed entitled to an award under that head, otherwise the general law of evidence as to proof on the balance of probabilities or by preponderance or weight of evidence which ordinarily applies in civil cases operates."
Explanation / Scope
Strict proof means credible evidence satisfying the court of entitlement. The standard remains balance of probabilities. The principle applies to damages and evidence law.