CASES OF NIGERIAN COURTS RELATING TO DAMAGES (JUDGMENTS AND ORDERS) ISSUES
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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CASES OF NIGERIAN COURTS RELATING TO DAMAGES (JUDGMENTS AND ORDERS) ISSUES
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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 | 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 DAMAGES – 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 | 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 V. 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. |
| ARTRA INDUSTRIES NIGERIA LIMITED V. THE NIGERIAN BANK FOR COMMERCE AND INDUSTRY | DAMAGES:- Double compensation – Rule against – What it postulates. DAMAGES:- Breach of contract – Damages for loss of profit – On what claim therefor based – Projection in a feasibility report without more – Weight attachable thereto. |
| AWOLAJA V. SHEHU | DAMAGES:- Declaration of title to land – Claim for Damages for trespass and possession – Trial court dismissing all claims except that for trespass -Plaintiff collecting damages awarded for trespass – Subsequent appeal to Supreme Court – How treated |
| AYOKE V. BELLO | DAMAGES IN TORT AND PERSONAL INJURY CLAIMS:- Claim for damages – claim for loss of use – Whether is a claim in special damages which demands of strict proof. |
| BADA V. PEREIRA | DAMAGES:-Land Law Claim for declaration of title, damages for trespass, restraining injunction and order for rectification of Register of Titles Mortgage of the property – Exercise of right of sale – How treated |
| BAKARE AJAKAIYE AND ANOTHER VS. LIEUTENANT-GOVERNOR, SOUTHERN PROVINCES | MOTOR VEHICLE – Damages for negligent driving – Liability – Res ipsa loquitur – Onus on appellant to show trailer properly fastened – No evidence of latent defect – Not necessary to call doctor to prove medical expenses where doctor’s receipt available -Plaintiff to act reasonably to reduce damages but not necessarily to take course least advantageous to himself – Damages for loss of use of car only for period necessary to obtain new car. |
| BAKARE V. JELKH | DAMAGES:- Negligence – Motor vehicle – Damages for negligent driving – Liability – Res ipsa loquitor – Onus on appellant to show trailer properly fastended – No evidence of latent defect – Whether not necessary to call doctor to prove medical expenses where doctors receipt available – Rule that Plaintiff to act reasonably to reduce damages but not necessarily to take course least advantageous to himself – Damages for loss of use of car only for period necessary to obtain new car – How treated |
| BAKER MARINE NIGERIA LIMITED V. CHEVRON NIGERIA LIMITED | Damages:- Award of damages for breach of contract |
| BANK OF THE NORTH LIMITED Vs. ADEHI | DAMAGES:– Damages for libel – whether the trial court was right to have awarded damages for libel after rejecting the evidence of the plaintiff as deficient or unsatisfactory. |
| BANKOLE V. AGBAJE | DAMAGES:- Provisional award – Need for when party not found liable. |
| BELLO BARAU V. INFLUENCE CHABA | DAMAGES: Award of Damages |
| BELLO V. RINGIM | DAMAGES:- Award of damages by trial court-Attitude of appellate court thereto. |
| BENJAMIN OBASUYI V. BUSINESS VENTURES LTD. | DAMAGES:– Special and general damages – Distinction between. |
| BEREDUGO V. COLLEGE OF SCIENCE AND TECH | DAMAGES:- Termination of appointment – Damages for wrongful termination – Measure of – General guiding principles DAMAGES:- Wrongful dismissal – Measure of damages thereof. |
| BIKAWE V. OKITIKPI | DAMAGES:- Damages for adultery – Discretion of Court – How exercised. DAMAGES:- Damages for adultery – Woman of easy virtue – Principles applicable |
| C & C CONSTRUCTION CO. LTD vs. OKHAI | DAMAGES:- Award of general damages – Discretionary power of trial Court to award damages- When an Appellate Court will interfere with award – Applicable principles. DAMAGES – Damages for pain and suffering – Determination of measure. DAMAGES- Damages for pain and suffering – Assessment of. DAMAGES- Whether there is head of claim as damages for negligence. |
| CADBURY NIGERIA PLC V. R. BENKAY NIGERIA LIMITED | DAMAGES – SPECIAL DAMAGES: Requirement to support same with evidence when the claim is for anticipated earnings |
| CALABAR CEMENT CO. LTD. V. ABIODUN DANIEL | DAMAGES:- Proof of-Defendant not challenging plaintiffs claim for damages – Effect. DAMAGES:- Wrongful termination of employment – Measure of damages. |
| CAPPA AND D’ALBERTO LTD. Vs. DEJI AKINTILO | DAMAGES:– Damage to vehicle – power of court to award damages for loss of use. |
| CHEVRON NIGERIA LIMITED V. LONESTAR DRILLING NIGERIA LIMITED | |
| CHIEF BRIGHT ONYEMEH & ANOR V. MRS. GRACE IWUEZE & ANOR | DAMAGES – AWARD OF GENERAL DAMAGES:- Nature and assessment – whether general damages are awarded without the necessity to prove actual damage – Where a trial judge has made an award of general damages – Whether it is the duty of an appellate court to re-asses the amount of general damages so made |
| CHIEF ISAAC OLOKUNLADE & ORS V. CHIEF PETER ADEBISI ADEMILOYO | DAMAGES – QUANTIFICATION AND PROOF OF BOTH SPECIAL AND GENERAL DAMAGES: How both special and general damages are quantified and proven before being awarded |
| CHIEF OBAFEMI AWOLOWO V. KINGSWAY STORES (NIG.) LTD. AND ANOR | DAMAGES:- Libel and Slander-Libel -Damages-Principles of assessment. |
| CHIEF OTONYESEIGHA OLOLO V. NIGERIAN AGIP OIL CO LTD | DAMAGES:– Special damages – need to specifically plead and strictly prove items of special damages. |
| CHIEF TITUS ANAMASONYE ONWUGBELU V. MR. EJIOFOR EZEBUO & ORS | REAL ESTATE/LAND LAW- DAMAGES:- General damages- Special damages- Need for a claim for special damages to be specifically or specially pleaded – Whether an appellate Court can interfere with an award of special damages by a trial Court where the award is not supported by any evidence proving the claim for special damages |
| CHRISTOPHER U. NWANJI V. COASTAL SERVICES (NIG.) LTD | DAMAGES:- Special damages – Nature of DAMAGES:- Special damages – Need for Plaintiff to particularize his claims: DAMAGES:- Special damages – Whether could be awarded when not specifically pleaded nor strictly proved. |
| COMMISSIONER OF HEALTH, NASARAWA STATE & ORS V. DR. MICHAEL KLINLONG DADET | DAMAGES – AWARD OF DAMAGES: Circumstances under which an appellate court will interfer with an award of damages made by a trial judge |
| DALHATU Vs. TURAKI | DAMAGES:– Application to disputes among party members. |
| DANIEL ESIKA AND ORS V. GODWIN MEDOLU | DAMAGES:- Award of damages by trial court |
| DANIEL HOLDINGS LTD V. UNITED BANK FOR AFRICA PLC | DAMAGES:- SPECIAL DAMAGES: Proper way to plead and prove special damages DAMAGES:- Special Damages: Proper way of pleading and proving special damages |
| E. B. OYEDIRAN AND OTHERS V. D.A. ODEPEGBA | DAMAGES:- Loss of earnings – Assessment of – Principles applicable. |
| ELEM V. MOKU | DAMAGES:- Exemplary Damages – Award of for invasion of party’s rights. DAMAGES:- Party responsible for cause of damage – Effect – Damnum sine injuria – Meaning and application of |
| ELF NIGERIA LIMITED V. OPERE SILLO AND ANOTHER | DAMAGES:- Proof of damages – Standard required where evidence led on damages unchallenged. |
| ELOICHIN (NIGERIA) LTD AND 2 OTHERS V. VICTOR NGOZI MBADIWE | DAMAGES:- Exemplary damages – Limitation in Rookes V. Barnard – Not binding on Nigerian Courts though of persuasive authority – Absence of evidence for pecuniary loss of value of goods removed – Award of general or nominal damages held to be precluded by claim for exemplary damages only – Effect. |
| EMMANUEL IFERE V. TRUFOODS (NIGERIA) LTD. | DAMAGES:- Special and general damages – hHw assessed. |
| ERINMWIONGHAE V. CHUKWUDEBELU | DAMAGES:- Fatal accidents – Duty of court in respect of. |
| EZEANI V. EJIDIKE | DAMAGES:- Remedies – Damages – Market value of goods allowed with addition for general damages – Rule against double compensation for same cause of action. |
| EZENDUKA Vs. NIGERIAN SPANNISH ENGINEERING CO. | DAMAGES:– Damages for breach of contract – rationale for award of same – Measure of damages. |
| F.R.A. WILLIAMS V. DAILY TIMES OF NIGERIA LTD. | DAMAGES:- Exemplary and Aggravated -Differences – when to award. |
| FADIORA AND ANOTHER. V. GBADEBO AND ANOTHER | DAMAGES:- Claim for declaration of title – Damages for use – Effect of order of re-trial on initial trial – “ether estoppel applies. |
| FELIX CHINDA V. AMADI | DAMAGES:– Special damages – need for plaintiff to specifically plead an item of special damages before evidence can be led on same. |
| FIRST BANK OF NIGERIA PLC V. MRS DIBO ABOKO | DAMAGES:- Award of damages by trial court – factors court must consider – When appellate court will interfere therewith. |
| FIRST BANK OF NIGERIA PLC VS. ASSOCIATED MOTORS COMPANY (NIGERIA) LIMITED | DAMAGES:- Award of damages by trial court – factors court must consider – When appellate court will interfere therewith. |
| FIRST BANK OF NIGERIA PLC VS. HON. JUSTICE ABUBAKAR ALKALI ABBA | DAMAGES:- Special damages – General damages – Respective nature of Distinction between both. |
| FITZPATRICK V. BATGER and CO LTD | DAMAGES:- Dismissal of action for want of prosecution – Long delay – Claim for damages for personal injuries – “Inexcusable delay” in prosecution of action – Duty of plaintiff’s advisers – Whether action to be dismissed for want of prosecution – Discretion of court – R.S.C., Ord. 25, r. 1 (4). |
| GANIYU BADMUS V. A.O. ABEGUNDE | DAMAGES:– General damages and special damages – proof DAMAGES:– Special and general damages – distinction thereof. |
| GBADEBO SHITTU OLOWOAKE V. YEKINNI SALAWU | DAMAGES:– Award of damages by the lower court – attitude of appellate court thereon. |
| GIWA V. LAOGUN | DAMAGES:- Assessment of by Appellate Court – When done. |
| GODWIN MOGHALU V. RODRICK EGWUNGWU UDE | DAMAGES:- Special damages– assessment |
| HARKA AIR SERVICES (NIG.) LIMITED V. KEAZOR ESQ. | AVIATION LAW – DAMAGES AGAINST A CARRIER:– DAMAGES:- Award of Damages – When damages awarded against a carrier will deemed to be at large – Whether it is not sufficient for the act or omission that is relied upon to have been done recklessly – Whether act or omission must be shown to have been done with knowledge that damage would probably result |
| HASSAN AND ORS V. ALHAJI SUFIANU AMINU AND ORS | DAMAGES – Award of damages in an action for forfeiture – whether proper. |
| IBADAN CITY COUNCIL AND ANOTHER. V. AJANAKU | JUDGMENT – DAMAGES:- Principles governing interference by appellate court. |
| IBEANU V. OGBEIDE | COURT:- Award of damages by trial court – Duty thereto – Attitude of appellate court to challenge of such awards |
| JULIUS BERGER NIGERIA PLC & ANOR V. MRS. DOLAPO OGUNDEHIN | JUDGMENT AND ORDER – DAMAGES – GENERAL DAMAGES:- General principle for assessment of general damages – Matters for consideration in the assessment of general damages in personal injury cases – Bodily pain and suffering that the plaintiff underwent and that which may occur in the future – Whether or not such a plaintiff sustained permanent disability or disfigurement – Loss of earning caused by any such disability or disfigurement – Length of time the plaintiff spent in the hospital receiving treatment – Age, status and expectation of life of the plaintiff |
| JULIUS BERGER NIGERIA PLC & ANOR V. MRS. PHILOMENA UGO | JUDGMENT AND ORDER – DAMAGES – AGGRAVATED DAMAGES: – When awarded – As a species of compensatory damages in that their purpose is to compensate the plaintiff for the injury to his feelings of dignity and pride and not the injury sustained JUDGMENT AND ORDER – DAMAGES – ASSESSMENT OF DAMAGES: -General damages – Multiplier and multiplicand approaches – Whether approaches have been known to apply to Personal Injury cases and as well as Fatal Accident cases in Nigeria – Personal injuries cases – How the multiplicand is assessed – Fatal accident – Need to use a multiplicand which is an estimation of the annual value of the dependency – General and relevant considerations |
| NEPA (NATIONAL ELECTRIC POWER AUTHORITY) V. ALLI | DAMAGES:- Award of damages – Object of special damages – Burden of proof of – Whether strict proof required – Special damages – Whether burden of proof shifts – Principle of restitudo in integrum – When applicable. DAMAGES:- Award of damages where there is a total destruction of a chattel – Cases where damages to be awarded need not be based on the value of the chattels at the time of destruction – When used equipments could be sold for more than their purchase price |
| NATIONAL ELECTRICITY POWER AUTHORITY V. CHIEF ETIM INAMETI | DAMAGES:– Award of damages by trial court – Duty of trial court thereto – When nominal damages would be appropriate – Principles governing when an appellate court will interfere with same. |
| SUNDAY AKANMU V. OLUWOLE OLUGBODE | JUDGMENT – DAMAGES – General damages – nature of – discretion of court to award same – burden on plaintiff to adduce evidence to justify award. JUDGMENT AND ORDERS – DAMAGES:– Award of general damages – discretionary power of trial court to award damages – when an appellate court will interfere with award – applicable principles. |
| UNITED BANK FOR AFRICA LTD & ANR V. MRS. NGOZI ACHORU | TRANSPORT AND LOGISTIC LAW – DAMAGES FOR NEGLIGENT DRIVING:- Motor Vehicle and Road Traffic Accident – Presumption that every user of the public highway is entitled to assume that in the normal course of events, other like users of the public highway will obey the law and to have regard for the lives and safety of other users – Careful, reasonable, and law abiding user of the public highway who successfully avoids collision with a negligent or reckless user on the public highway, but still suffers damage from a collision with another object – Whether can successfully claim damages for the negligence or recklessness of the other road user |
| VALUE LINE SECURITIES INVESTMENT LIMITED V. OBUBOEGBUNAM J. ANAKWUBE | DAMAGES – SPECIAL AND GENERAL DAMAGES:- Whether in a claim for breach of contract, general damages are not awarded – whether it is not appropriate to categorize damages awardable for breach of contract into general or special damages – whether in the law of contract, there is no dichotomy between special and general damages as is the position in tort – relevant guidelines DAMAGES – DAMAGES FOR BREACH OF CONRACT:- General rule for quantifying damages for breach of contract – whether damages for breach of contract covers losses which are the natural and probable consequences of the breach and which were within the contemplation of the contract – rule in Hadley V. Baxendale (1864) 9 Exch. 341 |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
