OKON VS OKPO
September 4, 2025THE QUEEN VS EFFIONG OKON EYO
September 4, 2025Legalpedia Citation: (1962-10) Legalpedia 48211 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Oct 29, 1962
Suit Number: SC 418/1961
CORAM
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
T.I. AGUNWA
APPELLANTS
J.E. ONUKWUE
RESPONDENTS
AREA(S) OF LAW
LAND LAW-EVICTION OF TENANT—DETAINED GOODS-ASSESSMENT OF DAMAGES–APPEAL
SUMMARY OF FACTS
The appellant/plaintiff instituted an action against the defendant/respondent to recover goods the defendant who was his landlord had held/seized after evicting him from the premises and sought to claim special damages. The Trial Court found in his favour but awarded damages much lower than he claimed. On this ground he appealed being dissatisfied.
HELD
The appeal was allowed with costs to the defendant in the suit (now appellant).
ISSUES
The trial Judge made no definite finding on what the goods detained were and what their value.
He thought the plaintiff was a liar; there was no evidence on which any finding could have been made.
RATIONES DECIDENDI
HOW TO PROVE SPECIAL DAMAGES?
‘Special damages have to be, as it is usually put, strictly proved.’ Per BAIRAMIAN, F.J
CASES CITED
Jaber V Basma,14 W.A. C.A. 140
STATUTES REFERRED TO
None.
