DAMAGES AND REMEDIES — Special Damages — Strict Proof — Nature of Pleading and Evidence Required
Principle Statement
The nature of the pleading and the evidence must establish the entitlement to such damages which will immediately lend to the measurement and quantification of the losses. … It is improper for a court to award special damages on incomplete and inconclusive facts given from memory which have not been documented elsewhere. The particularity of the pleading and the evidence must be such that the losses are exactly known and accurately measured. It must be measurable and quantifiable.
Ratio Decidendi (Source)
Per Musdapher, JSC, in Adim v. NBC Plc & Anor (2010) NLC-123-56-2003(SC) at p. 8; Paras A–C.
"The nature of the pleading and the evidence must establish the entitlement to such damages which will immediately lend to the measurement and quantification of the losses. … It is improper for a court to award special damages on incomplete and inconclusive facts given from memory which have not been documented elsewhere. The particularity of the pleading and the evidence must be such that the losses are exactly known and accurately measured. It must be measurable and quantifiable."
Explanation / Scope
This principle establishes that special damages must be specifically pleaded and strictly proved with measurable and quantifiable evidence; incomplete facts from memory are insufficient. The principle applies where special damages are claimed. It ensures that damages are accurately proved. The principle reflects the requirement for strict proof. It prevents speculative awards. The court must require precise evidence. The principle provides guidance on the nature of evidence required for special damages.
