SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal Lagos Division delivered on the 18th of July, 2008. In setting aside the award of US4,298,066 to the Appellants, representing Special Damages for breach of contract, the court held that the documentary evidence or loss of profit was wrongly admitted not having been specifically pleaded and particularized.
The Appellants who were the plaintiffs commenced the suit against the Respondent by writ of summons issued out on 24th December 1999. They have claimed particularly as per paragraphs 3, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18 and 19 in their Amended Statement of Claim filed on 3rd March 2005 as follows:
"3. Sometime in 1995, the Plaintiffs carrying on business (respectively in the U.S.A. and Nigeria) of inspection and vetting of Marine vessels to ascertain the degree of compliance of such vessels with "International Maritime Industry recommendations and op…