News & Publications

By: Ifunanya Denye Anyene

Introduction:

Imagine a local newspaper publishes a scathing article about you, falsely accusing you of embezzlement and as a result, your reputation is tarnished. Such an act would be classified as defamation under the law of torts.

Much like a sculptor crafts a masterpiece from clay, the law of torts gives a structure to address harm. When someone’s rights are violated, they enter the legal process seeking solutions. They can ask for payment similar to fixing something broken, or request court orders to stop more harm, like fixing a problem before it gets worse. In this way, tort law offers different ways to fix issues and restore fairness for people who’ve been wronged in a civil case.

The law of torts is a fundamental aspect of civil law that governs the rights and obligations of individuals regarding civil wrongs committed against others. When someone suffers harm due to another person’s actions or negligence, they have the right to seek remedies through a civil suit.

For example in the case of Basorun v Ogunlewe, the respondent sued the appellant for using defamatory words in a publication made about him. He sued for ten million naira damages for libel, the trial court after consideration of the several claims awarded the sum of six million naira to the plaintiff. This may be classified as compensatory damages which will be explored in subsequent sections of this article.

This article explores the remedies available for aggrieved parties in tort cases and conducts a comparative analysis of the damages awarded in Nigeria and the United Kingdom (UK).

Remedies Available for Aggrieved Parties in Torts

In a tort case, the aggrieved party, also known as the plaintiff, can seek various remedies to be compensated for their losses or injuries. The primary remedies available to them are:

1. Compensatory Damages: Compensatory damages are awarded to compensate the plaintiff for the harm they have suffered. These damages are meant to put the plaintiff in the position they would have been in if the tort had not occurred. They can be both economic and non-economic in nature, covering medical expenses, lost wages, property damage, pain, and suffering.

2. Special Damages: Special damages are a sub-category of compensatory damages that address specific monetary losses incurred by the plaintiff. These losses must be quantifiable and directly related to the tort. Examples include medical bills, repair costs, and other out-of-pocket expenses.

3. General Damages: General damages are also compensatory in nature, but they are not easily quantifiable as they address non-monetary losses such as emotional distress, mental anguish, loss of consortium, and loss of enjoyment of life.

4. Punitive Damages: Punitive damages, also known as exemplary damages, are awarded in exceptional cases where the defendant’s behaviour was particularly reckless, malicious, or intentional. The purpose of punitive damages is to punish the wrongdoer and deter others from engaging in similar misconduct.

5. Injunctive Relief: Injunctive relief is a court order that requires the defendant to do or refrain from doing something. It is sought when monetary damages are insufficient to remedy the harm caused by the defendant’s actions, such as in cases involving environmental harm or intellectual property infringement.

Comparative Analysis: Damages Awarded in Nigeria and the UK

Nigeria and the UK have distinct legal systems and practices, which can lead to differences in the damages awarded in tort cases.

In Nigeria, the award of damages is primarily governed by common law principles and statutory provisions. However, the Nigerian legal system faces challenges such as delays in court proceedings, inadequate enforcement of judgments, and inconsistent decisions. As a result, damages awarded in Nigeria tend to be more conservative compared to the UK. Compensatory damages in Nigeria are generally limited to the actual losses suffered by the plaintiff, which may include medical expenses, property damage, and loss of income. Non-economic damages, such as pain and suffering, are often awarded in more severe cases but are usually lower than what might be awarded in the UK.

In contrast, the UK has a well-established legal system with a strong emphasis on precedents. Damages awarded in the UK often include substantial compensation for non-economic losses, especially in cases of severe injuries or medical malpractice. The UK courts also tend to award higher amounts for pain and suffering compared to Nigeria.

Punitive damages are more common in the UK than in Nigeria, reflecting the UK’s approach to deterrence and punishment for intentional and malicious conduct.

Conclusion:

The remedies available for aggrieved parties in tort cases aim to compensate them for the harm suffered due to another person’s actions or negligence. Both Nigeria and the UK provide compensatory damages for economic and non-economic losses, though the amounts and availability of certain types of damages can vary significantly between the two jurisdictions. While Nigeria tends to be more conservative in its approach to damages, the UK often awards higher amounts, especially in cases involving severe injuries or intentional misconduct. It is essential for plaintiffs to understand the remedies available in their respective jurisdictions to seek appropriate compensation for the harm they have endured.