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INCAR (NIGERIA) LTD V. BENSON TRANSPORT LTD

(1975) JELR 33485 (SC)

Supreme Court  •  SC.134/1974  •  27 Mar 1975  •  Nigeria

Coram
GEORGE B. A. COKER JSC; GEORGE SODEINDE SOWEMIMO JSC; DANIEL O. IBEKWE JSC;

Judgement

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): It is of the essence of a judgment based on trial by pleadings, that findings of fact should be made on issues raised as between the parties and whether relief or reliefs sought have been explicitly claimed and proved. It is even more so when special damages are claimed, the nature and particulars of such damages should be explicitly averred and at the trial such must be proved by evidence that the loss was actually sustained either as a result of the natural or probable consequence of the defendants act, or such a consequence as he in fact contemplated or could reasonably have foreseen when he so acted.

In claims tried on pleadings a judgment unrelated to the relief sought or issues joined cannot be sustained on appeal. In the present case, which came on appeal from the High Court of Lagos State the writ of summons reads:-

"The Plaintiffs claim against the Defendants is for the sum of Ten Thousand Pounds only (10,0000 being sp…

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