PER JOHN INYANG OKORO, J.C.A.ĭOCTRINE OF LIS PENDENS: PURPOSE OF THE DOCTRINE OF LIS PENDENS It is always necessary for the Judge to make his own assessment of the quantum of such damage. (supra) stated that the measure of general damages in terms of money is for the Judge to decide. MEASUREMENT OF GENERAL DAMAGES: WHETHER THE MEASUREMENT OF GENERAL DAMAGES IN TERMS OF MONEY CAN ONLY BE DECIDED BY THE JUDGE They are presumed by the law to be the direct and probable consequence of the act complained of.
It is also trite that general damages unlike special damages are generally incapable of substantially exact calculation. GENERAL DAMAGES: WHETHER GENERAL DAMAGES CAN BE ACCURATELY CALCULATED It arises from inference of law and need not be proved by evidence. Also, that it need not be specifically pleaded. The Apex Court has held that general damages may be awarded to assuage such a loss which flows naturally from the Defendant’s act. GENERAL DAMAGES: WHETHER GENERAL DAMAGES NEED BE SPECIFICALLY PLEADED OR PROVED BEFORE IT CAN BE AWARDED TO ASSUAGE A LOSS WHICH FLOWS NATURALLY FROM THE DEFENDANT’S ACT
It is the decision of the Apex Court that, land, which is under acquisition, cannot be validly sold by its original owner.
It is beyond doubt that once there is a compulsory acquisition of land, the title of the former owner becomes extinguished by the reason of the acquisition and when the acquired land or part of it is returned as in this case, a new root of title by grant will be created.
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