SOUTH-EASTERN STATE NEWSPAPER CORPORATION & ANOR V EDET ASUQUO ANWARA
August 8, 2025ANTHONY IGBO VS THE STATE
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 33356
In the Supreme Court of Nigeria
Fri Nov 28, 1975
Suit Number: SC. 254/1973
CORAM
OGUNDARE, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
PARTIES
SHELL-BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs sued the defendants for compensation due payable by the defendants to the plaintiffs for the damage done by the defendants to plaintiffs farm land, fishing ponds, fishing lakes on plaintiffs land. The Plaintiffs claimed for a fair and reasonable compensation due to the plaintiffs for damages.
HELD
The Supreme Court held that the claim as formulated by the respondents was unsatisfactory and most inappropriate in an action for damages in tort as it is neither a claim for “damages,” nor is it clear what the cause of action is.
ISSUES
Whether the claim as formulated by the respondents was unsatisfactory
RATIONES DECIDENDI
CLAIM FOR DAMAGES IN TORT
“We concede that a claim which asks for “a fair and reasonable compensation” due to the plaintiffs for damage done to the plaintiffs is most inappropriate in an action for damages in tort. Where, however, as in the instant case, it seems clear from the state of the pleadings that although the language of the summons speaks of “compensation” its substance or gist is really a claim for damages in tort, and the claim has gone to trial in the court below on that basis, it is our view that this court ought not in those circumstances to strike out such a claim.” Per IDIGBE, JSC
DEFINITION OF DAMAGES
“Damages”, after all, have been defined “as the pecuniary compensation which the law awards to a person for the injury he has sustained by reason of the act or default of another, whether that act or default is a breach of contract or a tort;” or put more shortly, “damages are the recompense given by process of law to a person for the wrong that another has done him.” Per IDIGBE, JSC
CASES CITED
Whitfield v. De Lauret & Co. Ltd. (1920) 29 CLR 71
STATUTES REFERRED TO
