Claim For Special Damages

Special damages are damages that are alleged to have been sustained in the circumstances of a particular wrong. In Arab Construction Ltd & Anor V. Isaac (2012) L PELR – 9787 (CA), Per Garba JCA held that special damages are specific and peculiar losses suffered as a result of the wrongful act or contract of a defendant. The damages are special in the sense that they are easily discernible and quantifiable and which does not rest on a puerile conception or notion, which gives rise to speculation or assumption. It was also noted in UBN Plc V. Omniproducts (Nig) Ltd. (2006) 15 NWLR (Pt 1003) Pg 681, Para A-C that in a claim for special damages all issues have to be itemized and strictly proved.
A claim for special damages must be explicitly claimed in the pleading with full particulars of how it is made. This is because the cardinal principle of pleadings is that a party claiming must not spring surprises on the opponent at the trial, but must endeavour to acquaint him of what to meet at the trial and the challenges against him, for by not doing so, he will take the said opponent unaware, and that will not meet the cause of justice. The position of the law is that a claim for special damages requires strict proof by credible evidence that is in line with the same particularity that is required for the appellant’s pleading. The evidence must prove that damages claimed is related to the injury suffered as a result of the wrongful act. See Shell Petroleum Development Company V. Tiebo VII (1996) 4 N.W.L R (Pt 445) Pg 657, and Chindo Worldwide Ltd V. Total (Nig) Plc (2001) 16 N.W.L.R. (Pt 739) Pg 291.
In Julius Berger Nigeria Plc & Anor V. Mrs Philomena Ugo (2015) L P E L R – 24408 (CA). On the 8th of December 2006, along Okigwe – Owerri highway a vehicular accident occurred between the claimant/respondent’s  Nissan Primera Car and the defendant/appellant’s  truck, driven by the defendant/appellant’s employee and driver. It is the claimant/respondent’s position that the crash was as a result of the negligent/reckless driving of the driver.
The learned trial judge held that the defendant/appellant is liable in negligence. Dissatisfied with this judgement the defendant/appellant appealed against the lower court. The claimant respondent on the other hand dissatisfied with the issue of award of damages only, also cross appealed against the decision of the lower court. Both sides also raised Notices of preliminary objections against the hearing of their respective appeals. The sum of N5,797,540.00 is awarded as special damages representing payments for prescribed drugs purchased by the Cross-Appellant.

Nkechi Bright Ewere