CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE SUPREME COURT
SAMSON ODEMWINGIE UWAIFO, JUSTICE SUPREME COURT
DENNIS ONYEJIFE EDOZIE, JUSTICE SUPREME COURT
OGBUAGU JUSTICE, SUPREME COURT
PARTIES
CHRISTOPHER E. NWANJI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent was awarded special damages for claims, including legal fees, particulars of which were not pleaded. ?
HELD
The court held that the lower courts were in error to have awarded the respondent special damages on claims which were not specially pleaded and proved. ?
ISSUES
Whether the learned justices of the court of appeal were justified in holding that the trial judge was right in awarding the sum of N74,000.00 (seventy four thousand naira) as proven items of special damages not specifically pleaded and/or strictly proved as cost of the alleged missing goods, N20,000,00 (twenty thousand naira) as alleged legal fees paid in an alleged suit which proceedings were not tendered before him as well as . N10,000.00 (ten thousand naira) as alleged costs of searches respectively in the absence of any valid receipts tendered by the alleged receipts of the said amounts and or a detailed inventory shown with mathematical quantification to that effect.
RATIONES DECIDENDI
CASES CITED
1. George V. Dominion Flour Mills Ltd (1963) 1 All NLR 71 at 77; 2. National Investment and Properties Co. Ltd. V. Thompson Organisation Ltd (1969) NMLR 99 at 104; 3. Emegokwue V. Okadigbo (1973) 4 SC 113 at 117; 4. Nwawuba V. Enemuo (1988) 1 NSCC (vol.19) 930 at 940; (1988) 2 NWLR (pt.78) 581 at 295-2965. Okulaja V. Haddad (1973) 11 S.C. 357 at 362; 6. West African Shipping Agency (Nig) Ltd V. Kalla (1978) 3 S.C. 21?
STATUTES REFERRED TO
None.?