H.C. OKAFOR VS UTOMI ONIANWA & ANOR
September 4, 2025OLALERE OBADARA & ORS VS THE PRESIDENT, IBADAN WEST DISTRICT
September 4, 2025Legalpedia Citation: (1964-11) Legalpedia 52496 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Nov 6, 1964
Suit Number: FSC 428/1963
CORAM
BRETT, JUSTICE, SUPREME COURT
COKER, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
BRETT, JUSTICE SUPREME COURT
COKER, JUSTICE SUPREME COURT
IDIGBE, JUSTICE SUPREME COURT
PARTIES
EKO ODUME & ORS (for themselves and the people of AMORIE OZZIZZA AKPO) APPELLANTS
UME NNACHI & ORS (for themselves and the people of AMATA OZZIZZA)
RESPONDENTS
AREA(S) OF LAW
PLEADINGS, STAEMENT OF DEFENCE
SUMMARY OF FACTS
The appellants did not file a statement of defence at the trial court. The learned trial judge entered judgement against them without receiving evidence on the claim of the respondents
HELD
The court held that the appeal against the award of damages fails. It further held that the matter is however remitted to the learned trial judge to receive evidence on the claim on award of damages for trespass
ISSUES
Whether the trial court can give judgement on a statement of claim without receiving any evidence on the claim set out in the relief paragraph
RATIONES DECIDENDI
MEANING OF LIQUIDATED DAMAGE
“A claim for damages does not become one for ‘liquidated damages’ merely because a specific amount of money is claimed. ‘Whenever the amount to which the plaintiff is entitled can be ascertained by calculation or fixed by any scale or other positive data it is said to be LIQUIDATED or ‘made clear’.” IDIGBE, J.S.C.
MEANING OF UNLIQUIDATED DAMAGE
“When the amount to be recovered depends on all the circumstances of the case and on the conduct of the parties and is fixed by opinion or by an estimate, the damages are said to be UNLIQUIDATED.” IDIGBE, J.S.C.
CASES CITED
1. Aderlde Ogunleye v. Gabriel Arewa [19601 W.R.N.L.R. p. 9.
2. Smith v. Buchan (1888) 36 W.R. 631
3. Young v. Thomas [189212 Ch. 134 at 137.
4. Dykes & others v. Thompson [1909] W.N. 104
STATUTES REFERRED TO
1. High Court Rules (Eastern Nigeria) 1955
2. High Court Law (Eastern Nigeria) 1955
