GANIYU BADMUS & ANOR. V. A. O. ABEGUNDE

S. O. UWAIFO, J.S.C. (Delivering the Leading Judgment): This is an appeal against a judgment of the Court of Appeal, Ibadan Division, given on 8 December, 1988. The Judgment is being contested on a very narrow issue. The trial judge (J.D. Ogundere, J.) sitting at the High Court, Ibadan, gave judgment on 9 March, 1983 for the plaintiff for a total amount of N20,000.00 as special damages arising from the negligence of the defendants in causing damage to his shop and main building, together with some items of property therein although the learned trial judge thought the evidence led by the plaintiff to support the special damages claimed by him was at variance with what was pleaded, or was unsatisfactory. Upon an appeal by the defendants, the Court of Appeal found there was evidence to support only N3,000.00 special damages out of the said N20,000.00. That court then went on to hold, per the judgment of Ogwuegbu, J.C.A. (Concurred in by Omololu-Thomas J.C.A., but dissented from by Kutigi…