SUNDAY OMONUJU V. THE STATE
August 7, 2025HARRY AKANDE V. GENERAL ELECTRIC COMPANY & ORS
August 7, 2025Legalpedia Citation: (1976-04) Legalpedia 86339 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Apr 26, 1976
Suit Number: SC 24/1975
CORAM
SOWEMIMO, JUSTICE SUPREME COURT
MADARIKAN, JUSTICE SUPREME COURT
IDIGBE, JUSTICE SUPREME COURT
PARTIES
WILFRED OMONUWA
APPELLANTS
B. A. WAHABI (Trading as B.A. Wahabi & Ors)
RESPONDENTS
AREA(S) OF LAW
LAW OF CONTRACT- BREACH-EVIDENCE OF DAMAGES IN CONTRACT
SUMMARY OF FACTS
The appellant contracted with the respondent to build a house for him and complete it in 20weeks. He failed to meet the deadline and the respondent brought action for damages.
HELD
The court held that as there was no evidence with which to assess cost of completion, so claim to special damages particularized as loss of rent was speculative.
ISSUES
Whether the respondent was entitled to special damages particularized in his statement of claim when there was no means of assessing the damage incurred.
RATIONES DECIDENDI
MEASUREMENT OF DAMAGES
It is settled that in the preparation of the claim for as well as in the consideration of an award in consequence of a breach of contract, the measure of damages is the loss flowing naturally from the breach and incurred in direct consequence of the violation. In the contemplation of such a loss, there can be no room for claims which are merely speculative or sentimental unless specially provided for by the terms of the contract” PER IDIGBE
CASES CITED
CHIEF M.S. SOWOLE V. NIGERSOL CONSTRUCTION COMPANY LTD (SC 77) 69 DATED 16TH OCTOBER 1970; HARDLET V. BAXENDALE (1854) 9 EXCH341
SWISS-NIGERIAN WOOD INDUSTRIES V. DANILO BOGO S.C 14/70 OF 3RD JULY (1970)
JAMMAL ENGINEERING CO. V. WROUGHT IRON LTD (1970) 2 ALR 295
MARZETTI V. WILLIAMS (1830) 1 B OF ALD 415
PREHN V ROYAL BANK OF LIVERPOOL (1870) L.R 5 EXCH 92
LAUNDRY (WINDSOR) LTD V. NEWMAN INDUSTRIES & ANOR (1949) 2 K.B 528
STATUTES REFERRED TO
