DAMAGES AND REMEDIES ā Special Damages ā Strict Proof ā Requirement of Specific Pleading and Evidence
Principle Statement
A special damage is such a loss that will not normally be presumed as the natural consequence of the defendant's fault, but which depends on the special circumstances of the case and therefore it must be specifically pleaded and strictly proved by evidence. ā¦ The claim by the appellant for loss of use of his vehicle after the accident is clearly a claim in special damage which must be specially pleaded and proved.
Ratio Decidendi (Source)
Per Musdapher, JSC, in Adim v. NBC Plc & Anor (2010) NLC-123-56-2003(SC) at pp. 6ā7; Paras DāE.
"A special damage is such a loss that will not normally be presumed as the natural consequence of the defendant's fault, but which depends on the special circumstances of the case and therefore it must be specifically pleaded and strictly proved by evidence. ā¦ The claim by the appellant for loss of use of his vehicle after the accident is clearly a claim in special damage which must be specially pleaded and proved."
Explanation / Scope
This principle establishes that special damages must be specifically pleaded and strictly proved; they are not presumed. The principle applies where special damages are claimed. It ensures that the plaintiff properly pleads and proves the claim. The principle reflects that special damages depend on special circumstances. It prevents unsubstantiated claims. The court must require strict proof. The principle provides guidance on the requirement for special damages.
