CORAM

ELIAS, CHIEF JUSTICE, NIGERIA

BELLO, JUSTICE, SUPREME COURT

BABALAKIN,JUSTICE, SUPREME COURT

PARTIES

SCOA (MOTORS), ONITSHA & ANORIN RE: BENTWORTH FINANCE NIG. LTD. APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The trial judge awarded damages in excess of the respondents claim in an action in detinue

HELD

The court allowed the appeal and set aside the damages awarded by the trial court.

ISSUES

Whether the trial judge was right to have awarded damages in excess of the respondents claim.

RATIONES DECIDENDI

DUTY ON COURT NOT TO AWARD DAMAGES MORE THAN THE PLAINTIFFS CLAIM

While a court may in proper case award less than is claimed in a writ, the court cannot and should not award more than the amount of plaintiffs claim – Elias CJN

CASES CITED

STATUTES REFERRED TO

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