EVIDENCE LAW — Special Damages — Proof of Special Damages — Requirement of Strict Proof
Ratio Decidendi
Per Muhammad, JSC, in Arisons Trading & Engineering Company Ltd v. The Military Governor of Ogun State & Ors (2009) NLC-123-209-1999(SC) at pp. 15-16; Paras D–A:
"Not only must special damages be specifically pleaded, they must be strictly proved by the plaintiff. They are those pecuniary losses actually suffered up to the date of the trial, such as loss of earnings. The requirement of the law in relation to such damages is that it must be pleaded and proved. It is not a matter of hypothetical exercise nor can it be left to conjuncture."
Explanation / Scope
This principle establishes that special damages must be specifically pleaded and strictly proved. They are pecuniary losses actually suffered up to the date of trial. They cannot be hypothetical or left to conjecture. The principle applies where special damages are claimed. It ensures that claims are based on actual losses. The principle reflects the need for certainty in damages. It prevents speculative claims. The court must require strict proof. The principle provides guidance on the standard for special damages. It ensures that plaintiffs provide concrete evidence of their losses.