- January 12, 2017
- Posted by:
- Category: Case Law Blog
MTN Nigeria Communications Ltd v. A.C.F.S. Ltd  1 NWLR (Pt. 1493) 339 at 357 para A, per Bada, JCA:
“Although an unchallenged evidence ought to be believed by the court and relied upon, however, in matters of special damages, the fact that evidence is unchallenged does not mean that the court must rely on it as proof of special damage. The special damages must be specially and strictly proved by the plaintiff.”
The above principle has good legal basis. Ordinarily, special damages do not require or depend on the discretion of the court as in general damages. Naturally, any item of special damages, if proved by concrete evidence, would be granted by the court. Therefore, it is only necessary that the claimant should not rely on the fact that the claim is unchallenged but should proceed to prove same.