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DAMAGES (ASSESSMENT & AWARD ENFORCEMENT)- NIGERIAN CASES

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TITLE

 MAIN ISSUES

A.G OF CROSS RIVER STATE V. A.G OF THE FEDERATION

DAMAGES:- Award of damages - Whether Court can award quantum of damages less than what a party claimed.

A.G. OF BENDEL V. AIDEYAN

DAMAGES:- Award of claim pleaded and quantum for award proved – Where the trial court termed the claim mesne profit in granting it – Whether Court of Appeal right in the absence of cross-appeal or Respondents’ Notice to that effect to change it to read damages for trespass.

ABANG V. EFFIOM AND OTHERS

CIVIL ACTION - DAMAGES:- Trespass and injunction - 250 acres of land granted under Native Law and Custom of Izundu.

ABIETO ALAGOMA & ORS V. SHELL PETROLEUM DEVELOPMENT COMPANY LIMITED

OIL AND GAS - PAYMENT OF COMPENSATION:- Claim for damages to land and environment arising from oil-connected pipe-laying activities - Responsibility of the holder of an oil pipeline license - Whether the construction, operation and maintenance of oil pipeline by a holder of oil prospecting licence is an act pertaining to mining operation

ABOGEDE V. STATE

DAMAGES:- Loss of profit: Double compensation

 

ADEDIPE V. FALAIYE

DAMAGES:- Assessment of by appellate court - When proper.

ADEDIRAN  V. INTERLAND TRANSPORT LIMITED

 

ADEKUNLE VS. ROCKVIEW HOTEL LIMITED

DAMAGES:– Award of damages made by trial court – general principles governing same – when appellate court will interfere.

ADEOYE AJIDAHUM V. MGBAKOR

DAMAGES:- Award of damages by trial Court - Interference by appellate Court - Guiding principles.

ADETOUN OLADEJI (NIG) LTD V. NIGERIAN BREWERIES PLC.

DAMAGES:- Breach of contract -Damages therefor - Hadley V. Baxendale (1854) 9 EX 341 - Principle of remoteness of damage therein - Whether applicable in and binding on courts in Nigeria.

ADIKE  Vs. OBIARERI

APPEAL – Damages:– principles governing when an appeal court would interfere with the award of damages by trial court.

DAMAGES - Damages – principles governing when an appeal court would interfere with the award of damages by trial court.

AFRICAN CONTINENTAL BANK LTD VS. NWADIOGBU

AWARD OF DAMAGES

 

AFRICAN CONTINENTAL BANK LTD . V. ADEBESIN

DAMAGES:- Assessment of Damages for Breach of contract

AFRICAN CONTINENTAL BANK PLC V. BENEDICT O. NBISIKE

DAMAGES - AWARD OF DAMAGES IN CONTRACT: Essential principles on the award of damages in contract

AFRICAN CONTINENTAL BANK PLC. V.  VICTOR NDOMA-EGBA

DAMAGES:- Interest - When claimed

 

AFRICAN NEWSPAPERS V. COKER

DAMAGES:- Tort - Damages for libel - Rolled up plea -Fair comment and justification - Publication - Malice.

 

AFRO CONTINENTAL NIGERIA  LIMITED V. AYANTUYI

DAMAGES - Grant of injunction - Failure of trial court to extract undertak­ing as to damages -Whether Court of Appeal can so extract- Decision in Kotoye V. C. B. N. (1989) 1 NWLR (Pt. 98) 419 - Whether given per in­curiam.

DAMAGES - Interim or interlocutory injunction - Pre-condition for grant - Undertaking as to damages - Nature and purpose of.

AGABA V. OTOBOSIN

TORT AND PERSONAL INJURIES – DAMAGES: Personal Injuries - Assessment of.

DAMAGES: Reduction on Appeal - When Appeal Court can interfere with the quantum of damages awarded

AGBAJE V. JAMES

DAMAGES:- Special damages –  Need for strict proof – Effect of failure thereof

AGONSI V. WOGU

DAMAGES - Special damage - Proof of.

AGUNWA V. ONUKWUE

REAL ESTATE - DAMAGES - Special damage - Claim for value of goods detained - Goods and value of not proved - Judge nevertheless making an estimated guess and awarding damages - Impropriety of.

AIROE CONSTRUCTION & CIVIL ENGINEERING CO. LTD. V. THE UNIVERSITY OF BENIN

 

AJIDAGBA V. ODENEYE

DAMAGES - Award of damages by trial Court - Interference by appellate Court - Guiding principles.

AKIBU V. OPALEYE.

LAND LAW AND DAMAGES:- Claim for declaration of title - Damages for trespass Injunction Mortgaged property Sale of property Court failed to evaluate evidence of long possession, lathes or acquiescence Trial Court found for plaintiffs Appeal Trial court judgment reversed

ALAN FEMI LANA V. THE UNIVERSITY OF IBADAN

DAMAGES:- Libel - Failure of substantive claim - Duty of lower court to still assess damages.

ALH. ABUBAKAR JALLI GAMBO V. JERRY IKECHUKWU & ORS

DAMAGES:- Damages for breach of contract - Unliquidated money – whether can be marked on the undefended list for hearing

ALHAJI ADO IBRAHIM  & CO. LTD. & ANOR V. ELDESTEIN (NIG.) LIMITED

DAMAGES:- Award of damages by trial court - Attitude of appellate court thereto - When it will interfere therewith.

ALHAJI OTARU AND SONS LIMITED V. AUDU IDRIS AND OTHERS

DAMAGES:- Special damages - How proved

ALHAJI SAIBU YEKINI OTUN

 

ALHAJI SANNI SHAIBU V. J.O. BAKARE

DAMAGES - DAMAGES FOR TRESPASS: Whether the trial judge will resolve the issue of competing titles in an action for damages for trespass

ALLIED BANK OF (NIG) LTD V. AKUBUEZE(CA)

DAMAGES:- Award of damages - Current value of currency - Relevance thereof in relation thereto.

DAMAGES:- Award of damages - Principles governing.

DAMAGES:-Award of damages by trial court-When an appeal court will interfere therewith - Relevant considerations.

DAMAGES - Exemplary damages - When recoverable - When not recoverable - Factors to consider.

DAMAGES:- Wrongful dishonour of cheque - Measure of damages recoverable therefor - Extent and scope - Factors to consider.

AMALGAMATED PRESS V. OKOTIE-EBOH

DAMAGES:- Assessment of - Circumstances where appellate court will not interfere.

AMANKRA V. ZANKLEY

DAMAGES:- Where defendant does not give evidence as to value - Duty of Judge.

ANGLIA TELEVISION LTD Vs. REED

DAMAGES:- Contract – Breach of – Damages for – Measure – Expenditure incurred before contract made – Expenditure recoverable if within contemplation of parties as likely to be wasted if contract broken – Television company incurring expenditure in respect of proposed film – Expenditure on fees to director, designer and stage managers, before contract made with leading actor – Leading actor subsequently repudiating contract – Television company entitled to recover pre-contract expenditure – Necessity to elect between claiming for wasted expenditure and loss of profits.

ARO V. KADIRI

DAMAGES:- Vendor and purchaser-Declaration of title to land - Action for possession, damages for trespass and injunction - Defendant signing document in respect of sale of land - Claim that document was acknowledgment of loan and not sale - Defendant pleading illiteracy – Where lender was vendor of land, caretaker for defendant - Vendor selling and conveying land to plaintiff-Validity of sale

AROJOJOYE V. WATA TIMBER CO. LTD.

DAMAGES:- Party claiming damages - Duty to minimize or mitigate loss.

DAMAGES:- Where damaged property was on hire - Owner of property – Whether can­not claim damages through hire.



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Contact Editors - Sam Eleanya, Agboola Lola, Ugochi Eleanya - through lawnigeria@gmail.com




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