By David G. Enang Esq. MICIArb, AICMC
In one of my recent courtroom experiences, the Judge denied a party’s claim for special damages because the party failed to prove them. It was a sobering reminder that in law, you may suffer losses or incur expenses as a result of a wrongful act, yet still miss out on recovering those losses. Special damages are not awarded on sympathy or assumption. They must be proven with precision. Let’s explore what this means and how you can avoid suffering the same fate.
WHAT ARE SPECIAL DAMAGES?
In law, damages can mean either the legal consequence of a wrongful act or the monetary compensation awarded for such an act. In this context, we are concerned with the latter.
Damages may be general or special:
Special damages are compensation for specific, quantifiable financial losses suffered due to a wrongful act. The wrongful act could arise from breach of contract, violation of fundamental rights, defamation, negligence, and more.
E.g; Medical bills incurred after being assaulted by the Police, or the value of business lost because someone defamed your character.
General damages, on the other hand, cover non-economic harm such as pain, suffering, or inconvenience. They are typically awarded once a legal wrong has been established without the need for exact monetary proof.
RECOUNTING MY COURT EXPERIENCE
In the case I witnessed, the applicant who had been arrested and detained on several occasions by the EFCC and the Nigerian Police approached the Court seeking special damages of ₦12 million.
However, the applicant did not provide a single piece of evidence to prove entitlement to that sum.
Although the Court awarded ₦20 million in general damages, it expressly denied the ₦12 million claim for special damages on the grounds that no evidence was presented to show the amount was actually incurred.
The Judge emphasized that special damages must be specifically pleaded and strictly proved. Without evidence, the claim collapses, no matter how genuine the loss may be.
This brings us to the next point.
HOW TO PROVE SPECIAL DAMAGES IN COURT
To successfully establish special damages, the law requires that you both plead and prove them. This means:
- Clearly stating the facts that led to the loss.
- Providing adequate and cogent evidence to establish the existence of the loss.
This evidence may include receipts, invoices, contracts, photographs, medical reports, or expert testimony.
WHAT CAN YOU DO AS AN INDIVIDUAL OR COMPANY?
Your task is simple, keep the records. Once you do, your lawyer can handle the rest.
- Document Everything:
Whenever something goes wrong, whether in a contract dispute or an unlawful arrest, make conscious efforts to keep receipts and invoices of all expenses incurred.
For instance, if you sustain injuries during an arrest, obtain a doctor’s report, take photographs if possible, and keep receipts for all medical treatments.
- Show Causation:
Link the loss directly to the wrongful act. This is crucial when the connection is not obvious.
E.g; If you lost a major contract because someone defamed you, carefully document how the defamation directly caused the loss.
- Be Specific:
Each claim must be supported with clear evidence. Courts expect claims for special damages to be precise and backed by cogent, compelling proof not vague or speculative assertions.
CONCLUSION
My courtroom experience reinforced a difficult truth that you may suffer real losses but fail to obtain compensation if you cannot prove them. Special damages are not automatic. They are earned through evidence. If you want the court to recognize your financial losses, you must prove them with clarity, precision, and thorough documentation.
David G. Enang Esq is a Legal Practitioner, Construction Industry Arbitrator and an Associate in the Real Estate, Construction and Infrastructure Law Practice Group at Law Corridor
