OLUBUSOLA STORES VS STANDARD BANK NIGERIA LTD
August 9, 2025ALHAJI JIBRIN OKABICHI & ORS VS THE STATE
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 14807
In the Supreme Court of Nigeria
Thu Mar 27, 1975
Suit Number: SC. 134/1974
CORAM
COKER JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
IBEKWE JUSTICE, SUPREME COURT
PARTIES
INCAR (NIGERIA) LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent got judgment against the Appellant in the High Court of Lagos for breach of contract, breach of warranty and/or unlawful seizure of the Respondent’s bus .Dissatisfied with the judgment, the Appellant brought this appeal.
HELD
Appeal Dismissed.
ISSUES
None.
RATIONES DECIDENDI
ISSUES – JUDGEMENTS SHOULD BE BASED ON ISSUES RAISED
It is of the essence of a judgment based on trial by pleadings, that findings of fact should be made on issues raised as between the parties and whether relief or reliefs sought have been explicitly claimed and proved. Per G.S Sowemimo JSC
ISSUES – JUDGEMENTS SHOULD BE BASED ON ISSUES RAISED
In claims tried on pleadings, a judgment unrelated to the relief sought or issues joined cannot be sustained on appeal. Per G.S Sowemimo JSC
SPECIAL DAMAGES – ESTABLISHMENT AND PROOF
when special damages are claimed, the nature and particulars of such damages should be explicitly averred and at the trial such must be proved by evidence that the loss was actually sustained either as a result of the natural or probable consequence of the defendants act, or such a consequence as he in fact contemplated or could reasonably have foreseen when he so acted. Per G.S Sowemimo JSC
PROOF OF GENERAL DAMAGES
General damages such as the law will presume to be the natural or probable consequence of the defendants act need not be specifically pleaded. It arises by inference of law, and need not, therefore be proved by evidence, and may be averred generally. Per G.S Sowemimo JSC
CASES CITED
None.
STATUTES REFERRED TO
None.
