Measure of Damages

In negligence actions the measure of damages is that the injured party is to be placed back, so far as money can do it, in the same position as he would have been in had it not been for the defendant's negligence. This is subject to the rules of remoteness of damages and in cases of personal injuries, a reasonable sum for pain and suffering. The dominant rule of law is the principle of restitutio in integrum. In negligence cases, damages are also divided into general and special damages. General damages are those damages which the law presumes to flow from the negligence of which the plaintiff has complained. These damages must be specifically averred to have been suffered and must be proved.

​ Special damages are the actual, but not necessary, result of the injury complained of, and which in fact follow it as a natural and proximate consequence in the case that is, because of special circumstances or conditions. See AHMED & 2 ORS v. CBN (2012) 7 SC (Pt. II) 1 at 26. Special damages are such damages as the law will not infer from the nature of the act and do not follow in ordinary course but are exceptional in character and therefore they must be claimed specially and proved strictly. They denote those pecuniary losses which have crystallized in terms of cash and value in trial.
See KALU v. MBUKO (1988) 3 NWLR (Pt. 80) 86 at 90. Special damages are such that the law will not infer from the nature of the act complained of, they must be specifically pleaded and strictly proven, all the losses claimed on every item must be concrete in terms and value before trial. They do not flow in the ordinary course. See ANYAEJI MARY ANDREW V. MTN NIGERIA COMMUNICATIONS LIMITED (2016) LPELR-41181 (CA) Pages 14-15. PER HASSAN, J.C.A.

​ Special damages are the actual, but not necessary, result of the injury complained of, and which in fact follow it as a natural and proximate consequence in the case that is, because of special circumstances or conditions. See AHMED & 2 ORS v. CBN (2012) 7 SC (Pt. II) 1 at 26. Special damages are such damages as the law will not infer from the nature of the act and do not follow in ordinary course but are exceptional in character and therefore they must be claimed specially and proved strictly. They denote those pecuniary losses which have crystallized in terms of cash and value in trial.
See KALU v. MBUKO (1988) 3 NWLR (Pt. 80) 86 at 90. Special damages are such that the law will not infer from the nature of the act complained of, they must be specifically pleaded and strictly proven, all the losses claimed on every item must be concrete in terms and value before trial. They do not flow in the ordinary course. See ANYAEJI MARY ANDREW V. MTN NIGERIA COMMUNICATIONS LIMITED (2016) LPELR-41181 (CA) Pages 14-15. PER HASSAN, J.C.A.