CORAM
S.M.A. BELGORE, JUSTICE, SUPREME COURT
I.L. KUTIGI, JUSTICE, SUPREME COURT
A. IKECHUKWU, JUSTICE, SUPREME COURT
A.I. KATSINA-ALU, JUSTICE, SUPREME COURT
PARTIES
DR. OLADIPO MAJA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The trial court entered judgment and awarded damages in favour of the appellant in an action for damages for nuisance in default of defence without hearing. ?
HELD
The court held that the trial court to have taken evidence to establish the amount of damages to award and accordingly dismissed the appeal against the decision of the court of appeal setting aside the decision. ?
ISSUES
Whether the Court of Appeal was right in setting aside the default judgment of the trial court in respect of a claim for unliquidated pecuniary damages in which no evidence whatsoever in proof of such damages was neither tendered nor received by the trial court
RATIONES DECIDENDI
ASSESSMENT OF UNLIQUIDATED DAMAGES
A court is not entitled to enter Summary or default judgment on a claim based on a relief for payment of unliquidated pecuniary damages without taking evidence for the assessment of the amount damages that may be proved as such a claim must be established by evidence- Iguh J.S.C.
DUTY OF COURT TO TAKE EVIDENCE FROM PARTIES BEFORE AWARDING DAMAGES
Damages are awarded on sound and well-settled legal principles and not on sentimental or arbitrary grounds and it has been held to be wrong for a trial court in a claim for unliquidated damages to make an award without taking evidence from the parties- Iguh J.S.C.
WHETHER SUMMARY JUDGMENT CAN BE GIVEN IN RESPECT OF DECLARATORY RELIEF WITHOUT HEARING EVIDENCE
A declaratory claim is not only a discretionary relief, the court has a discretion whether or not to grant a motion for judgment in default of defence in respect of such a claim, the fact that the plaintiff is entitled to such judgment on the face of his Statement of Claim notwithstanding. It therefore seems to me that the court may in the overall interest of justice properly insist on oral evidence in the case of applications for judgments in default of defence in a declaratory action- Iguh J.S.C.
CASES CITED
Umunna v. Okwuraiwe (1978) 6-7 S.C. 1, Victor Olurotimi v. Felicia Ige (1993) 8 N.W.L.R. (Part 311) 257 at 268Imo Broadcasting Corporation v. Lambert Iwueke (1995) 1 N.W.L.R. (Part 372) 488?
STATUTES REFERRED TO
None