B.A. Wahabi v. Wilfred Omonuwa (1976)

LawGlobal-Hub Lead Judgment Report

IDIGBE, J.S.C.

The question in this appeal is whether the damages awarded by the trial court in favour of the respondent should be set aside. In the High Court at Benin, the respondent claimed from the appellant 2000pounds “as special and general damages” for breach of contract under which the appellant agreed to erect a building in accordance with a building plan, exhibit 11, referred to in a written agreement, (the principal agreement) dated 7th May, 1970 exhibit A (and also in a supplemental agreement exhibit A1) and to hand over the same, within a period of 20 (twenty) weeks from the execution of the principal agreement, to the respondent. The relevant portion of the statement of claim filed by the respondent reads:

“(10) The plaintiff has in consequence of the breach of the agreement between the plaintiff and the defendant, suffered special and general damages.

PARTICULARS OF SPECIAL DAMAGES

“(1) Estimated rent from the premises at 5,000pounds

Part per annum from October 1970 to

February 1972 (expected time of completion of the

building by the plaintiff……. 6,609pounds

(11) Additional cost of completion

over and above the contract sum… 7,400pounds

Total 14,000pounds

General Damages 6,000pounds

Grand Total 20,000pounds”

After a review of the evidence adduced on both sides, the learned trial judge made the following observations: