SWISS-NIGERIAN WOOD INDUSTRIES LIMITED V. BOLO

• Pages: 235-243

SWISS-NIGERIAN WOOD INDUSTRIES LIMITED V. BOGO

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of 4.735 acres. It is within the area edged red and consists of parcels of land

granted by the 1st defendant to the 2nd to 9th defendants. On the north eastern

side of the land in dispute and also within the area edged red is a parcel of land

belonging to the plaintiffs and shown on the plan as Awoyale Compound. It would

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appear from the plan that there are 5 buildings and a pottery in Awoyale Com-

pound. On the western side of the land in dispute and also within the area edged

red is a vast area of Kola and cocoa plantation which is stated on the plan to be-

long to the plaintiffs. It is thus clear from the plan that the land in dispute is bounded

on the north, north west and south west by land stated to belong to the plaintiffs.

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The Court of Appeal was of the opinion that, by virtue of section 45 of the Evi-

dence Act, the location of the land in dispute which, except for the south and south

west, is completely surrounded by land belonging to the plaintiffs, raised the pres-

umption that the land in dispute belonged to the plaintiffs. We consider, that, in

the instant case, this conclusion is inescapable as the land in dispute is virtually

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encircled by the plaintiffs' land and as the defendants never resisted the plaintiffs'

claim of ownership of adjoining parcels of land which are so situated or connected

with the land in dispute as to justify drawing the inference that the plaintiffs are the

owners of the land in dispute. We are therefore of the view that the Court of Ap-

peal was right in its application of the provisions of Section 45 of the Evidence

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Act to the facts of this case.

For the foregoing reasons, this appeal fails on all grounds and it is hereby dis-

missed with costs to the plaintiffs/respondents assessed at 38 guineas.

Appeal dismissed.

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SWISS-NIGERIAN WOOD INDUSTRIES LIMITED

V. BOGO

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SWISS-NIGERIAN WOOD

INDUSTRIES LIMITED

V.

BOGO

SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

LEWIS,

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J.S.C.

MADARIKAN,

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J.S.C.

3rd July, 1970

APPELLANT

RESPONDENT

SUIT NO. SC 14/70

Commercial Law - Contract - Damages - General Damages - Damages must be

proved both as to fact and amount - Without proof of amount damage nominal

- Plaintiffs base estimate no proof of amount - Distinction between special

and general damages normally inapt in contract - General damages not

recoverable where ntay duplicate award under particular head or be merely

punitive

Remedies - Damages - Measure of damages - Damages reasonably within

contemplation of parties at time of contract, or arising naturally from breach,

as probable result of breach - Speculative or sentimental claims excluded unless

within contract

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