AKAAHS, JCA (Delivering the Lead Judgment): The issue canvassed in this appeal is whether a successful litigant in an action for breach of contract is entitled to an award of general damages in addition to special damages?
The learned trial Judge refused the claim for general damages, holding that such a claim belongs to the realm of torts.
The facts which gave rise to this appeal may be briefly stated as follows:-
The plaintiff, who is a private medical practitioner, was formerly residing as a tenant at No. 171, Old Lagos/Asaba Road, Agbor. He also carried out his medical practice in the same address. On 22/6/87, while passing along the road, he saw some doors made of mahogany wood exhibited outside the defendants’ workshop at No. 249, Old Lagos/Asaba Road, Agbor. He went into the defendants’ workshop and enquired from the 2nd defendant if similar doors made of mahogany wood could be constructed for him for his personal building at No. 34, Orubor Street, Boji, Agbor. The 2nd defend…