SOMMER V. F.H.A.

• Pages: 82-92

82



NIGERIAN SUPREME COURT CASES

[1992] 1 N.S.C.C.

SOMMER V. F.H.A.

1.

HORST SOMMER

2.

ANSEL STETTER



APPELLANTS

3.

HANS JOECHEM FINKE

V.

FEDERAL HOUSING AUTHORITY



RESPONDENT

APPEAL No. SC. 176/1986.

SUPREME COURT OF NIGERIA

KARIBI-WHYTE,



J.S.C.

BELGORE,



J.S.C.

WALT,



J.S.C.

OMO,



J.S.C.

BABALAKIN,



J.S.C.

24th January, 1992.

Appeals - Record of proceedings - Challenge thereto - Procedure.

Damages - Special damages - Probable loss of prof it - Trial court using own view to award

damages in the absence of evidence - Propriety of - Claim for damages - Need to

particularise items claimed - When arise.

Torts - Action for ownership and wrongful seizure of property - Onus on claimant.

ISSUE:

When does the need to particularise items claimed in an action for damages

arise?

FACTS:

The plaintiffs brought an action against the defendant in the High Court of Lagos 35

claiming the sum of N1.5 million as damages for wrongful seizure and conversion

of plant, machinery and equipment in the premises of the defendant which they

claimed belong to them. According to the plaintiffs the equipments in dispute were

ordered by them and leased to the defendant's contractors.

The defendant, on the other hand, contended that the equipments in dispute 40

were purchased from the mobilisation funds given by them to the said contractors

and were brought on the contract site, and that following the failure of the

contractors to fully perform their contract and pursuant to the agreement between

them, ownership of the equipments on the site passed on to the defendant.

After hearing the parties and considering the evidence before him, the learned 45

trial judge found for the plaintiffs and awarded them Ni million as value of the

equipment and N200,000 as "probable profit which could have been made by

them."

The defendant not satisfied with the judgment of the trial judge, appealed to

the Court of Appeal. The Court of Appeal allowed the appeal, set aside the 50

5

10

15

20

25

30