"The term general damages covers all losses which are not capable to exact quantification. It includes all non-financial loss. Items of general damages need not and should not be specifically pleaded, but some evidence of such damage is required. Heads of general damages are (a) pain and suffering (b) loss of amenities (c) loss of expectation of life (d ) future loss of earnings or earning capacity and (e) future expenses. OKUNEYE V LCC (193) 2 CCHCJ PG. 38.
There is really no fixed Rule by which to assess general damages. It is indeed difficult, to ascertain the total loss the Respondent had incurred by the delay in returning his documents. He himself said that he would have used his documents to obtain a loan to improve his farm for more earnings. He could not maintain himself and his wife property, so their health deteriorated. The general loss hanging over the Respondent over the many years cannot be quantified. The Appellant is a Bank and understands what it entails for a person's land documents to be in limbo for all these years. The Appellant couldn't have extended the loan facilities without it. The Appellant kept the documents for all these years denying the Respondent of the use of it.
The loss or use of the documents had caused the Respondent physical and mental pain as well, that cannot really be quantified. Undoubtedly, the award of damages lies primarily within the domain of the trial Court. It discharges the function by a judicious estimation of the loss suffered by the Plaintiff. It is only where the Plaintiff has difficulty in quantifying his actual loss that he claims in general damages and, on establishing the Defendant's liability, entitles the trial Judge to make an assessment of the quantum of damages that can be said to have been a natural or probable consequence of the breach. KUSFA V. UBC LTD. (1994) 4 SCNG PG. 1. XTOUDOUS SERVICES (NIG.) LTD. V TASEI (WA) LTD (2006) 6 SCNG PG. 300. W. A. SHIPPING AGENCY (NIG. LTD. & OWNER V KALL (1978) 3 SC PG. 15, AGU V GENERAL OIL LTD. (2015) LPELR 24613. General damages are those which the law implies in every breach and in every violation of a legal right. It is the loss that flows naturally from the Defendant's act and its quantum need not be pleaded nor proved as it is generally presumed by law. The manner in which general damages is quantified is by relying on what would be the opinion and judgment of a reasonable person in the circumstances of the case. See NDINWA V IGBINEDION (2001) 5 NWLR (PT. 705) PG. 140. OSUJI V ISIOCHA (1989) 3 NWLR (PT. III) PG.633. ODULAJA V HADDAD (1973) 11 SC PG. 357. OMONUWA V WAHABI (1976) 4 SC PG. 37. LAR V STIRLING ASTALDI LTD. (1977) 11 - 12 SC. ACME BUILDERS LTD. V KADUNA STATE WATER BOARD (1999) 2 NWLR (PT. 590) PG. 288."
Per NDUKWEANYANWU, J.C.A. in ENTERPRISE BANK LTD v. AKADIRI CITATION: (2018) LPELR-44332(CA)
