LEGAL PRINCIPLE: DAMAGES AND REMEDIES — General Damages — Pleading and Proof Required
PRINCIPLE STATEMENT
General damages are those damages which the law presumes to flow from the negligence of which the plaintiff has complained. These damages must be specifically averred to have been suffered and must be proved.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in International Messengers Nig. Ltd v. Nwachukwu (2004) NLC-1322000(SC) at p. 14; Paras A–B.
"General damages are those damages which the law presumes to flow from the negligence of which the plaintiff has complained. These damages must be specifically averred to have been suffered and must be proved."
EXPLANATION / SCOPE
General damages are presumed to flow from negligence but must still be specifically averred and proved. The principle applies to negligence claims. The plaintiff cannot assume general damages without evidence. The rule requires both pleading and proof. The court cannot presume damages without factual basis. The plaintiff must establish the damages suffered.