Legalpedia Citation: (2009) Legalpedia (SC) 56026
In the Supreme Court of Nigeria
Fri Jul 10, 2009
Suit Number: S.C. 177/2005
CORAM
D. O. EDOZIE JUSTICE, SUPREME COURT
ALOMA MARIAM MUKHT AR , JUSTICE, SUPREME COURT
PARTIES
G. K. F. INVESTMENT NIG. LTD APPELLANTS
NIGERIA TELECOMMUNICATIONS PLC
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant as plaintiff claimed that he was allocated a telephone line formerly owned by a company and that sometime later, the respondent withdrew the telephone services from the appellant claiming that the respondent had not paid.
But the appellant claimed he had paid. The trial court found for the appellant but the appellant was not satisfied with the damages awarded, his appeal to the Court of Appeal was dismissed. Hence the further appeal.?
HELD
Appeal dismissed
ISSUES
1. Whether the Court of Appeal’s evaluation of evidence and refusal to reverse damages awarded by the trial court is perverse or unreasonable so as to warrant interference by the Supreme Court?
2. Whether the Court of Appeal was right to discountenance the appellants claim for negligence for breach of contract?
RATIONES DECIDENDI
MEANING OF SPECIAL DAMAGES
Special damages, are such as the law, will not infer from the nature of the act. They do not follow in the ordinary course. They are exceptional in their character and therefore, they must be claimed specially and proved strictly. Per OGBUAGU JSC
WHERE A CLAIM IS IN THE ALTERNATIVE
Where a claim is in the alternative, the court should first consider whether the principal or main claim, ought to have succeeded. Per OGBUAGU JSC
WHEN INTEREST WILL BE AWARDED
Award of interest, is either based on either prior agreement of the parties as contained in a document to that effect or as provided by a Rule of court. Per OGBUAGU JSC
INTEREST ON JUDGMENT DEBT
Interest on a judgment debt, is therefore, interest after adjudication. It cannot be before that incident. So, to award interest on the judgment debt from the date of accrual of the cause of action, is a contradiction in terms. Per OGBUAGU JSC
MEANING OF GENERAL DAMAGES
General damages, are such as the law, will presume to be the direct natural or probable consequences of the act complained of. Per OGBUAGU JSC
CASES CITED
1. Messrs Dumez (Nig.) Ltd. v. Ogboli (1972) 1 All NLR (Pt.1) 241 @ 249 -250;
2. Odulaja v. Haddad (1973) 11 s.c. 357
3. ACME Builders Ltd. v. Kaduna State Water Board & anor. (1999) 2 NWLR (Pt.590) 288
4. Ellochin (Nig.) Ltd. & ors. v. Mbadiwe (1986) 1 NWLR (Pt.14) 47; (1986) ANLR 1;
5. Shugaba Abdulrahman Derman v. Minister of Internal Affairs (1981) 2 NCLR 459; (/983) 3 NCLR 915;?
STATUTES REFERRED TO
Lagos State High Court (Civil Procedure) rules 1994