Principle Archive

A claim for special damages to succeed must be proved strictly; the court is not entitled to make its own estimate. Strict proof means the claimant…

In an action for breach of contract, the measure of damages is the loss flowing naturally from the breach and incurred in direct consequence of the…

The court and the parties are bound by the record of appeal as certified and is presumed correct unless the contrary is proved. A party challenging…

The plaintiffs' grouse was that their land was acquired ostensibly for a public purpose but the defendants were using it for a private purpose by allocating…

A motion on demurrer should be brought before issue is joined on matters alleged in the statement of claim. However, if the parties have joined issue,…

By its nature, demurrer if successful can lead to the action being stopped in its tracks whatever the merits of claim. It is a peremptory defence…

In breach of contract, a plaintiff is only entitled to damages naturally flowing from the breach. The measure is loss reasonably within parties' contemplation at contract…

Damages for breach of contract are such as may fairly and reasonably be considered arising naturally from the breach itself, or such as may reasonably be…

Section 230(1) of the 1979 Constitution as amended by Decree No. 107 of 1993 shows that action for breach of contract simpliciter is not included in…

The plaintiff's actual loss was the extra N66,000.00 paid to remit US$12,000.00 to overseas suppliers. Awarding a staggering sum of N3.5 million in addition to the…

It is elementary law that who asserts must prove. The appellant was duty bound to prove that it was the breach that caused the losses. Where…

The governing purpose of damages is to put the party whose rights have been violated in the same position, so far as money can do, as…