Discretion of a Trial Court as to the Quantum of Damages to Be Awarded; When an Appellate Court Will Interfere with the Same

CASE TITLE: UNITED PARCEL SERVICES NIGERIA LTD v. MMADU, EVBODI & CO (2026) LPELR-83478(CA)

JUDGMENT DATE: 27TH MARCH, 2026

PRACTICE AREA: CIVIL PROCEDURE

LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Civil Procedure.

FACTS:

This appeal is against the decision of the High Court of Lagos State, Coram Judice: Dr. R. O. Olukolu, J., in SUIT NO. LD/3563CMW/2018: MMADU, EVBODI & CO. vs. UNITED PARCEL SERVICES NIGERIA LIMITED. The Respondent, as Claimant before the Court, claimed the following reliefs against the Appellant as Defendant:

“a. An Order Declaring the loss of the Claimant’s shipment dated 06/10/2017 by the Defendant as amounting to gross act of negligence on the part of the Defendant.

b. An Order directing the Defendant to pay the sum of N150,000,000 (One Hundred and Fifty Million) to the Claimant as damages for the Defendant gross negligence in the loss of the Claimant’s document which had resulted in the following injuries to the Claimant:

i. Loss of monies expended in obtaining the issuance of the Court Process at the Judicial District Court of Harris County, Houston, Texas and shipment cost to Nigeria assessed at $20,000 which Claimant’s clients have demanded for its refund.

ii. Cost of certification of Processes at the Delta State High Court of Justice, Asaba; Bailiffs and Notary Public fees, transportation and hotel expenses as well as freight cost to U.S.A. all accessed [sic] at N550,000.00.

iii. Loss of business relation with Claimant’s most strategic clients of Dr. Innocent Usoro, Usoro & Associates and Jackson & Associates; leading to the debriefing of the Claimant from further prosecuting Suit No: LD/1286/2012: Dr. Innocent Usoro, Usoro & Associates vs. Chief Afe Babalola, SAN & Co which loss is put at $250,000 as captured in agreement dated 20/07/2011 between the Claimant and its clients.

iv. Loss of business and corporate reputation, business opportunities and income.

c. An Order for the payment of interest at 21% per annum on the judgment sum from the date of judgment until the judgment sum is liquidated.

d. An Order for the payment of the sum of N1,000,000.00 (One Million Naira) being legal cost of this suit.”

The parties filed and exchanged pleadings, and the matter proceeded to a plenary hearing at which the Respondent adduced testimonial and documentary evidence. The Appellant rested on the Respondent’s case, and it did not adduce any evidence. The learned counsel thereafter filed and exchanged written addresses, and the matter was advanced to judgment. In its judgment which was delivered on 11th March 2022, the lower Court entered judgment for the Respondent.

The Appellant was dissatisfied with the decision of the lower Court, and it appealed against the same.

ISSUES FOR DETERMINATION:

The issues considered were:

1. Whether the Subject matter of this Appeal being a Contract for International Carriage of Goods (Parcel) by Air from Nigeria to USA was initiated in the Court imbued with the requisite Jurisdiction to hear and determine the subject matter thereof.

2. Whether the Respondent is entitled to sue in the name Mmadu, Evbodi & Co not being a juristic person and whether same affects the jurisdiction of the lower Court to hear and determine the suit.

3. Whether the Court below rightly awarded special damages in favour of the Respondent where special damages was not strictly proved by cogent and credible evidence.

4. Whether the failure of the Respondent to prove all elements of negligence at the Court below will not deprive him of judgment in his favour for negligence against the Appellant.

DECISION/HELD:

The appeal succeeded in part, to the extent that the amount awarded as general damages by the trial Court was reduced from N50million to N15million.

RATIOS:         

• ACTION- COMPETENCE OF AN ACTION/A SUIT: Importance of juristic capacity to the competence of an action/jurisdiction of Court
• ACTION- CAPACITY TO SUE AND BE SUED: Who has the capacity to sue and be sued in an action
• ACTION- CAPACITY TO SUE AND BE SUED: Effect of not challenging the legal status/capacity of a party to institute an action in pleadings during trial
• APPEAL- REPLY BRIEF: Whether a reply brief is meant to re-argue the case of the appellant
• CASE LAW- JUDICIAL PRECEDENT/STARE DECISIS: Importance of facts in the application of rules and principles to a case
• COURT- JURISDICTION: What determines jurisdiction of Court to entertain a cause/matter
• DAMAGES- GENERAL DAMAGES: Whether general damages must be specifically pleaded and proved
• DAMAGES- QUANTUM OF DAMAGES: Discretion of a trial Court as to the quantum of damages to be awarded; when an Appellate Court will interfere with same
• JUDGMENT AND ORDER- JUDGMENT OF COURT: Effect of misconception as to the decision reached by a court in a matter
• TORT- NEGLIGENCE: Fundamental ingredient(s) a plaintiff must prove to succeed in an action for negligence

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