LEGAL PRINCIPLE: CIVIL PROCEDURE – Proof of Special Damages – Need for Credible and Particularised Evidence
PRINCIPLE STATEMENT
Special damages must be proved by credible and particularised evidence. A document titled "Realistic projected cash flow for 12 months" without explanation or signature is insufficient.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Artra Industries Nigeria Limited v. The Nigerian Bank for Commerce and Industry (1998) NLC-271997(SC) at pp. 37-38; Paras B--C.
"Exhibit 'X', titled 'Realistic projected cash flow for 12 months' was tendered by P.W. 1, the Managing Director of the plaintiff. As there was no explanation as to what the projections connoted and nobody signed it... the findings and conclusion of the court below are amply supported by authorities."
EXPLANATION / SCOPE
Special damages require strict proof. Vague or speculative evidence is insufficient. The principle applies to all claims for special damages. The plaintiff must provide specific particulars. The court will not award special damages without credible evidence. The rule prevents unjust enrichment. The burden is on the plaintiff to prove the exact amount.