PAUL NWADIKE & ORS V CLETUS CLETUS IBEKWE & ORS.
July 21, 2025SAKA ATUYEYE & ORS. V. EMMANUEL O. ASHAMU
July 21, 2025Legalpedia Citation: (1987-11) Legalpedia 27702 (SC)
In the Supreme Court of Nigeria
Holden At Lagos
Fri Nov 20, 1987
Suit Number: S.C. 122/1986
CORAM
ESO, JUSTICE SUPREME COURT
NNAMANI, JUSTICE SUPREME COURT
KAWU, JUSTICE SUPREME COURT
OPUTA, JUSTICE SUPREME COURT
BELGORE, JUSTICE SUPREME COURT
PARTIES
ATTORNEY-GENERAL OF ANAMBRA STATE
APPELLANTS
C.N.ONUSELOGU ENT. LTD
RESPONDENTS
AREA(S) OF LAW
CONTRACT – BREACH – DAMAGES
SUMMARY OF FACTS
The respondent was given a contract by the appellants to construct the awka-etiti-isieke road and could not meet up with the contract as a result of non payment of the contract sum. The appellant then rescind the contract.
HELD
The Court held that it has no reason to interfere with the award of N500,000.00 made in respect of the work actually done but not certified by the appellant’s agent and that the cross appeal failed
ISSUES
“1. Whether the Court of Appeal was right in awarding some items of damages claimed by the plaintiff/respondent when the plaintiff did not discharge the burden of proof imposed on him by the law in respect of those damages and when the items were not claimed in accordance with the conditions of the contract binding on both parties.
2. Having rejected some items of damages, whether the Court of Appeal was right in awarding other items when the proof in respect of all the items is based on the same evidence that is to say the evidence of Prince Agbaroji and Exhibit ‘B’.
3. Whether the plaintiff/respondent can now challenge the judgment of the Court of Appeal in respect of insufficiency of particulars and the state of pleadings when the Counsel to the plaintiff/ respondent has conceded in the Court of Appeal that the State of pleadings in this case did not adequately plead the particulars of special damages and has in fact urged the Court of Appeal to enter a non-suit.”
RATIONES DECIDENDI
SPECIAL DAMAGES
“The law that special damages must be strictly proved applies to cases of tort in which a party claiming damages for injuries must specifically plead the in juries and damages suffered therefrom and proceed by evidence to prove them. Where there is evidence to support a pleading of special damages suffered in a matter of contract and the evidence is convincing, that is to say without contradiction, and the trial Court accepts that evidence, the appellate Court will not interfere with any award on that claim. Special damage, unlike general damage, is the one the law does not presume, it must be specifically pleaded because it arises by special circumstances of the case”- Belgore, JSC.
PURPOSE OF PLEADINGS
“The purpose of pleadings is to put the other side on the alert as to what he is going to meet. A party dragged to court, as it is commonly said in this country, must know what he is being accused of; he must know what the allegations against him are.”- Belgore, JSC
FACTS THAT MUST BE SPECIFICALLY PLEADED
“Fraud, statutory exception, defence of laches, res ipsa loquitur are special matters that must be specifically pleaded to be relied upon But they are not law but only facts leading to Law and to be supported by evidence at the trial”. Belgore, JSC
ORDER TO MAKE WHERE A PARTY HAS PROVED ITS CASE
“Once a party has proved his case on a point he has properly pleaded and the defence has not assailed successfully that case, he is entitled to judgment on it.”- Belgore, JSC
DUTY ON DEFENDANT WHO IS FACED WITH A SPECIFIC PLEA
“The duty of the defendant who is faced with a specific plea by a plaintiff in a statement of claim is to specifically deny those matters he is disputing; failure so to do may amount to an admission.”- Belgore, JSC
HOW TO DENY ALLEGATIONS IN PLEADINGS
“The Defendant who wishes to deny an allegation must do so clearly and unambigously so that the Court and his adversary will with certainty know he is not admitting. Therefore traverse must be specific not general, it must clearly allude to the fact pleaded and not evasive and ambiguous”- Belgore, JSC
CASES CITED
Oshinjirin v. Elias 1970 1 ALL NLR 153,154.
Esso West Africa Incorporated v L. Oladiti 1968 NMLR 453
Babatunde Adisa Thanni v. Yaya Lemonu (1977) 2 SC 89, 117
Esin v. Matzen and Timm (NIGERIA) LTD. (1966) 1 ALL NLR
Airoe Contractors and Civil Engineering Co. Ltd. v. University of Benin (1985) 3 S.C. 1,21,23,
Ajibade v. Mayowa & Anor. (1978) 9 and 10 S.C. 1. 6; Eko Odume v. Ume Nnachi & Ors (1964) 1 All NWLR 329
Atta & Ors. v. C. Nnacho & Ors. (1965) NMLR 28.
STATUTES REFERRED TO
Not Available
