AWARD OF GENERAL DAMAGES - EXTENT OF THE POWER OF A COURT IN EXERCISING ITS DISCRETION IN GRANTING AN AWARD OF GENERAL DAMAGES  

 

Gbenga Babawibe
Joined: 8 months ago
Posts: 156
12/09/2019 11:12 pm  
"It is pertinent to re-iterate herein that in the award of General Damages, a wide spread power is given to the court comparable to the exercise of discretion of the Court. It is enormous and therefore far-reaching and contrary to the contention held by the appellant herein. The measure of general damages is awarded to assuage such a loss, which flows naturally from the defendant's act. It needs not be specifically pleaded. It suffices if it is generally averred. They are presumed to be the direct and probable consequence of that complained of.
Unlike special damages, it is generally incapable of exact calculation. See the following authorities of:-Federal Mortgage Finance Ltd V. Hope Effiong Ekpo (2004) 2 NWLR (Pt. 865) 100 at 132, Dumez V. Ogboll (1972) 2 SC 196 and Wasa V. Kalia (1978) 3 SC 21

 

PER C.B.OGUNBIYI, J.S.C IN THE CASE OF ELF PETROLEUM NIGERIA LIMITED V DANIEL C. UMAH: LER[2018]SC. 344/2008


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