LEGAL PRINCIPLE: EVIDENCE LAW – Damages – Special Damages – Proof – Requirement of Strict Proof – Assessment Without Evidentiary Basis Amounts to Guesswork
PRINCIPLE STATEMENT
Clearly the learned trial judge could not have said that 'there is no receipt for the engines' in one breadth, and then in another breadth proceed to award N2,186.66 for 2 engines without explaining how he arrived at the figure. If the Plaintiff claims N6,560.00 for 3 engines and without any receipt in support thereof, how then was the figure of N2,186.66 for 2 engines made up? The Court of Appeal was clearly of the view that to give a notional price of N2,186.66 to 2 out of 3 engines originally said to cost N6,560.00, 'amounted to no more than a guess-work' and that this 'fell far short of strict proof of special damages as required by law.'
RATIO DECIDENDI (SOURCE)
"Clearly the learned trial judge could not have said that 'there is no receipt for the engines' in one breadth, and then in another breadth proceed to award N2,186.66 for 2 engines without explaining how he arrived at the figure. If the Plaintiff claims N6,560.00 for 3 engines and without any receipt in support thereof, how then was the figure of N2,186.66 for 2 engines made up? The Court of Appeal was clearly of the view that to give a notional price of N2,186.66 to 2 out of 3 engines originally said to cost N6,560.00, 'amounted to no more than a guess-work' and that this 'fell far short of strict proof of special damages as required by law.'"
EXPLANATION / SCOPE
Special damages must be strictly proved. Assessment without an evidentiary basis amounts to guesswork and cannot stand. The court cannot award a notional figure without explaining how it was calculated. Where the plaintiff claims a specific amount for items but provides no receipt or proof, the court cannot arbitrarily reduce and award a different amount without evidence. The requirement of strict proof is mandatory—not discretionary. The plaintiff must adduce documentary or other credible evidence of the actual loss. The court cannot speculate or invent figures. The principle ensures that damages are based on evidence, not judicial guesswork. The appellate court will set aside special damages awarded without proper proof. The burden is on the plaintiff to prove each item claimed.
