MUSHUD O. BADA V. MRS. H. F. PEREIRA & ORS
August 9, 2025IN RE: QUO VADIS HOTELS AND RESTAURANTS LTD VS COMMISSIONER OF LANDS
August 9, 2025Legalpedia Citation: (1974-11) Legalpedia (SC) 20151
In the Supreme Court of Nigeria
Thu Nov 28, 1974
Suit Number: SC 45/1974
CORAM
TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
PARTIES
ARMELS TRANSPORT LTD
APPELLANTS
TRANSCO (NIGERIA.) LIMITED
RESPONDENTS
AREA(S) OF LAW
BREACH OF CONTRACT – DAMAGES
SUMMARY OF FACTS
On 24th April, the defendant accepted Plaintiffs lorry for repairs. On 9th Sept, the Plaintiff paid the defendant for work defendant said was completed but the vehicle couldnt be taken out of their workshop. The defendant promised to fix the vehicle properly but when the Plaintiff came back on 30th December, the vehicle was worse than it was when it came for repairs the Plaintiff then took the vehicle to Leventis for repairs.
HELD
The appeal was dismissed. The award for loss of use was altered from £3,777.6.8d to £3,940 to harmonise with the evidence accepted as loss of use from 9th Sept, 1968 to 24th March 1969. The award of general damages was refused.
ISSUES
Whether the learned trial Judge erred in law in awarding general damages in this case when all the losses alleged to have been fully sustained by the plaintiffs have been compensated for by the award of special damages.
RATIONES DECIDENDI
WHEN GENERAL DAMAGES WILL NOT BE AWARDED:
Where, as has happened here, a plaintiff asking for damages begins by setting out specific items of damages and then adds a claim under the heading of general damages for a sum which will bring the total claimed to a round figure, his claim should always be carefully scrutinised both by the defendant and by the court in order to see whether he is in fact asking to receive compensation more than once for the same cause of action…having awarded damages for his actual loss under various specific headings a plaintiff in an action for breach of contract could not receive any further award under the heading of general damages – Per Irikefe, JSC
CASES CITED
Ezeani v. Ejidike – 1964 (1) All Nigeria Law Report p. 402 at p.405.
STATUTES REFERRED TO
Not Available
