CIVIL PROCEDURE — Damages — Special Damages — Strict Proof Required and Not Replaceable by General Damages
Ratio Decidendi
Per Oguntade, JSC, in Shell Petroleum Development Company of Nigeria Limited v. Tiebo & Ors (2005) NLC-91999(SC) at pp. 16–17; Paras E–A:
"The distinction between special and general damages for the purpose of assessment of awards must always be borne in mind... Where a plaintiff is unable to prove special damages, his case crumbles and a trial Judge cannot compensate him by way of general damages. This is because he has not proved the special damages he claimed."
Explanation / Scope
Special damages must be strictly proved; failure cannot be cured by awarding general damages. The two categories are distinct. The principle applies to damages in civil proceedings. A plaintiff cannot recover special damages without proof.