Whether Court can Award Damages Where a Party Did Not Plead or Prove Entitlement to Same

CASE TITLE: SPDC (NIG) LTD v. WHYTE (2026) LPELR-83815(CA)

JUDGMENT DATE: 8TH MAY, 2026

PRACTICE AREA: CONTRACT

LEAD JUDGMENT: FREDERICK OZIAKPONO OHO, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on breach of contract.

FACTS:

This appeal is against the judgment of the High Court of Rivers State High Court sitting at Degema, CORAM: S. O. BENSON, J., delivered on the 20th September, 2017.

It is the case of the Respondent (as Claimant) that he entered into the Minor Services Contract for Grass Cutting and Surveillance with the Appellant. Respondent claimed he performed the contract and received contract fee of N1,290,000 (One Million, Two Hundred and Ninety Thousand Naira) only, monthly, up to December, 2013. Respondent further claimed that on 30/01/2014 and 27/02/2014, he (Respondent) submitted monthly reports for services performed to the Appellant, which the Appellant refused to pay for. He alleged that due to the refusal of the Appellant to pay for the services rendered, he took a loan from the First Bank to finance the contract. The Respondent claimed before the trial Court that his contract with the Appellant was still running and had not been terminated.

ISSUES FOR DETERMINATION:

The Court adopted the issues raised by the Appellant, thus:

1. Whether in the absence of any claim for breach of contract by the Respondent, the Court below was right to have held that the Appellant was liable for breach of the contract in Exhibit A?

2. Whether the award of the sum of N25,000,000.00 as damages for breach of contract against the Appellant was not wrongful and/or excessive in the circumstances of the case before the Court below.

DECISION/HELD:

In conclusion, the Court allowed the appeal.

RATIOS:

• CONTRACT- BREACH OF CONTRACT: Duty of a plaintiff in an action for breach of contract; effect of failure to discharge same
• COURT- POWER OF COURT: Whether the Court has power to make an order or grant a relief which has not been asked for by the Plaintiff
• COURT- DUTY OF COURT: Duty of a Court to confine itself to reliefs claimed in pleadings
• DAMAGES- AWARD OF DAMAGES: Whether Court can award damages where a party did not plead or prove entitlement to same

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