WAHABI
V.
OMONUWA

(1976) JELR 46258 (SC)    

Supreme Court  ·  SC.24/1975 ·  15 Apr 1976 ·  Nigeria
CORAM
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria
Core Terms Beta
general damages
damages
breach of contract
favour of the respondent
rental value
trial court
learned trial judge
award of 6,600pounds
breach of the contract
consequential loss
estimated value
loss of rent
measure of damages
nigersol construction ltd. sc
quantum of damages
special circumstances
special damages
additional cost of completion
aggrieved party
appellant 2000pounds
award of damages
building plan
cases of breach of contract
complete indemnity
consequence of the breach of the agreement
contemplation of parties
contract sum
effective submission
exhibit a
final analysis
finding of the trial court
general consideration of the law
given state of knowledge
governing purpose of damages
high court
issue of loss
judgment of the court
learned counsel
n14,000 damages
particular case knowledge
particulars of special damages
reasonable person
relevant portion of the statement of claim
review of the evidence
second point
subject matter
such part of the loss
value of the use of building
written agreement

C. IDIGBE, J.S.C. (Delivering the Judgment of the Court): The question in this appeal is whether the damages awarded by the trial court in favour of the respondent should be set aside. In the High Court at Benin, the respondent claimed from the appellant 2000pounds "as special and general damages" for breach of contract under which the appellant agreed to erect a building in accordance with a building plan, exhibit 11, referred to in a written agreement, (the principal agreement) dated 7th May, 1970 exhibit A (and also in a supplemental agreement exhibit A1) and to hand over the same, within a period of 20 (twenty) weeks from the execution of the principal agreement, to the respondent. The relevant portion of the statement of claim filed by the respondent reads:

"(10) The plaintiff has in consequence of the breach of the agreement between the plaintiff and the defendant, suffered special and general damages.

PARTICULARS OF SPECIAL DAMAGES

"(1) Estimated rent from the premises at 5,000…

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