NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G Elias
9. Damages and Judgment 9.1 Awards Available to the Successful Litigant The remedies available to a successful litigant are based on the nature of the litigation and the claims sought from the court. The remedies available to a litigant include the following: • damages are monetary compensation awarded by the court to a claimant/plaintiff for a wrongful act caused by the defendant; • a declaratory relief is a remedy of the court that clarifies and declares the rights and obligations of the parties in a dispute; • a specific performance order is an equitable rem- edy that compels a party to fulfil their contractual obligations (a specific performance is generally granted where damages would not be an adequate remedy for the claimant/plaintiff); and • injunctions are orders of the court restraining the commission or continuance of a wrongful act or mandating the doing of an act. 9.2 Rules Regarding Damages For special damages to be granted by the court, a claim for the damages must be specifically pleaded and particularised to properly apprise the opposing party of the case being made against them. Special damages must be proved. Punitive damages are available and awarded by the courts to punish a defendant for malicious conduct and to deter the defendant. Punitive damages are also “exemplary damages”. There are no fixed limits on the maximum damages recoverable, because the extent of true loss cannot always be predetermined. The courts generally aim to award an amount of money as damages that is suf- ficient to restore the aggrieved party to the position in which it would have been if the breach in issue had not occurred. However, the courts cannot award damages exceeding the amount claimed by a claimant.
9.3 Pre-Judgment and Post-Judgment Interest A successful party may be awarded pre-judgment and post-judgment interest if the same is claimed by the party. Pre-judgment interest is generally granted where a party establishes its existence during a trial through: (i) the agreement of the parties; (ii) the existence of trade custom; or (iii) under a principle of equity such as a breach of fiduciary relationship. For post-judgment interest, no evidence is required. The rules of the courts empower the courts to award post-judgment interest. The award is discretionary and varies with the court system in issue. Some rules of courts set a maximum of 10% for post-judgment interest. 9.4 Enforcement Mechanisms of a Domestic Judgment The following mechanisms are available for the enforcement of judgments: Garnishee Proceedings Garnishee proceedings are instituted by the judgment creditor to attach debts which a third party owes to the judgment debtor, in satisfaction of the judgment debt. This mechanism is commonly used to attach monies held by the judgment debtor in a bank, and the bank (garnishee) is then ordered to pay those monies to the judgment creditor. A Writ of Fieri Facias A writ of fieri facias is an order directing a sheriff or deputy sheriff to seize and sell a judgment debtor’s property to satisfy a judgment debt. Judgment Summons Judgment summons involve requiring a judgment debtor to appear in court to be examined on oath as to their means. Where the judgment debtor has the means but refuses to pay, the court may order impris- onment or the seizure of assets. A Writ of Sequestration A writ of sequestration directs persons appointed by the court to enter the judgment debtor’s immovable
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