DAMAGES AND REMEDIES — Special Damages — Strict Proof Required for Special Damages
Ratio Decidendi
Per Iguh, JSC, in Neka B.B.B. Manufacturing Co. Ltd v. African Continental Bank Ltd (2004) NLC-321997(SC) at pp. 25–26; Paras D–A:
"Special damages must be pleaded with distinct particularity and strictly proved and a court is not entitled to make an award of special damages based on conjecture or on some fluid and speculative estimate of alleged loss sustained by a plaintiff."
Explanation / Scope
Special damages require strict proof, not conjecture. The principle applies to damages claims. The plaintiff must provide precise evidence. The rule prevents speculative awards. The court will not guess at the amount. The principle is well-established.