DAMAGES AND REMEDIES — Special Damages — Loss of Profit — Must Be Specifically Pleaded and Strictly Proved
Ratio Decidendi
Per Mahmud Mohammed, JSC, in Xtoudos Services Nigeria Limited & Anor v. Taisei (W.A.) Limited & Anor (2006) NLC-123-401-2001(SC) at p. 14; Paras A–B:
"The loss of profit which the Appellants want this Court to infer from the alternative relief claimed by them is a specie of special damages which the law requires that it must be specifically pleaded and proved strictly by evidence of particular losses which are known and accurately measured before the trial."
Explanation / Scope
Loss of profit must be specifically pleaded and strictly proved with measurable evidence. The principle applies to damages.