MEASURE OF DAMAGES IN ACTION FOR NEGLIGENCE

• Date: 06 February 2019

(1) "The measure of damages in an action for negligence is founded on the principle of restitutioin integrum. That principle was re-echoed by Lord Wright in Lies-bosch Dredger v. S.S. Edison (1933) A.C. 449 at P. 459, wherein he said: - "The substantial issue is what in such a case is the true measure of damages. It is not questioned that when a vessel is lost by collision due to the sole negligence of the wrong-doing vessel the owners of the former vessel are entitled to what is called restitutio in integrum, which means that they should recover such a sum as will replace them, so far as can be done by compensation in money, in the same position as if the loss has not been inflicted on them, subject to the rule of law as to remoteness of damage". The above statement of the law was cited with approval and followed by this Court in Thomas Kerewi v. Bisiriyu Odegbesan (1965) 1 All N.L.R. 95 at p. 98. In stating the same principles in Lord Citrine (Owners) v. Herridean Coast (Owners) (1961) A.C. 545, Devlin L.J. had this to say at p. 562: "The only principle of law that can be laid down is the familiar one that the plaintiff is entitled to be awarded such sum as will fairly com-pensate him for the loss that he has actually sustained". In the application of the above mentioned principle to cases where chattels were destroyed or damaged, the following rules have been evolved for compensating the party damnified: where goods are destroyed by the wrongful act of defendants, the measure of damages is the value of the goods at the time of their destruction and, in a proper case, plus such further sum as would compensate the owner for the loss of use or earnings and the inconvenience of being without the goods during the period reasonably required for their replacement. In the case of damage to goods the measure of damages is the cost of their repairs or the difference between their market value at the time of their damage and their value as damaged and, in a proper case, plus loss of use or earnings during the reasonable period of repairs or replacement: See Thomas Kerewi v. Bisiriyu Odegbesan (1965) 1 All N.L.R. 95 and The London Corporation (1935) p. 70." - Per Bello, J.S.C., in Lagos City Council Caretaker Committee & Anor. v. Benjamin O. Unachukwu & Anor. Suit No. S.C. 242/1976; (1978) 11 N.S.C.C. 200 at 202 - 203; (1978) 3 S.C. 199 at 202 - 203.

(2) "The law reports are full of the guidelines which the Courts should follow in quantifying the...