ONWUKA VS THE STATE
August 28, 2025GOLD ATITI V. OSASEREN
August 29, 2025Legalpedia Citation: (1970) Legalpedia (SC) 12353
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Fri Apr 3, 1970
Suit Number: SC 63/1966
CORAM
COKER, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
UDO-UDOMA JUSTICE, SUPREME COURT
PARTIES
OSHINJINRIN & ORS
APPELLANTS
ALHAJI ELIAS & ORS
RESPONDENTS
AREA(S) OF LAW
TORT- TRESSPASS
SUMMARY OF FACTS
Judgement was given against the Appellants in the trial Court for trespass and cause of damages to the Respondent’s property. The trial Court also granted an order for perpetual injunction against the Appellants restraining them from further trespass.
HELD
The Court held that the judgment appealed against in this case did not give double compensation in respect of any particular item of injury and that the award of general damages in this case is not improper.
ISSUES
Whether it was wrong to award any general damages in favour of the plaintiffs inasmuch as the plaintiffs had already been compensated for all their loss by way of special damages
RATIONES DECIDENDI
PROOF OF SPECIAL DAMAGES IN TORT
“Undoubtedly the rule that special damages must be strictly proved applies to cases of tort. In effect the rule requires anyone asking for special damages to prove strictly that he did suffer such special damages as he claimed. This however does not mean that the law requires a minimum measure of evidence or that the law lays down a special category of evidence required to establish entitlement to special damages. What is required is that the person claiming should establish his entitlement to that type of damages by creditable evidence of such a character as would suggest that he indeed is entitled to an award under that head, otherwise the general law of evidence as to proof by preponderance or weight usual in civil cases operates.” Per COKER, JSC
CASES CITED
Onasanya v. Adeniji (1952) 14 WACA. 81|Agbaje v. National Motors, S.C. 20/68 of 13th March, 1970|Rookes v. Barndard (1964) 2 WLR. 269
STATUTES REFERRED TO
Local Government Law Cap. 68 (Laws of Western Nigeria, 1959)|
