compensation or damages, just satisfaction and declaratory judgment. The
first level of reparation is restitution in integrum which attempts to put the
injured party back to the pre-violation status. Where however this form of
reparation is impossible or undesirable, compensation can be awarded for
special damages and or general damages. The Applicant has claimed both
special and general damages as compensation for the expropriation of its
properties. The Court will now proceed to address these claims.
98. Special damages is awarded as compensation for losses that can easily
be quantified or proved. Where the amount claimed cannot be backed by a
justification, a request for special damages cannot succeed. In CHIEF
EBRIMAH MANNEH V THE REPUBLIC OF THE GAMBIA (Supra) @ pg.
15 the Court held
‘…..it trite that special damages must be specifically pleaded and proved in
order for them to be awarded.’
99. General damages on the other hand are usually awarded amongst others
for pain and suffering, future problems and crippling effect of an injury, loss
of ability to perform various acts, shortening of lifespan, mental anguish, loss
of companionship, loss of reputation, loss of anticipated business and many
more. It is always awarded at the discretion of the Court having regard to the
peculiar circumstances of each case. See PETROSTAR NIGERIA LIMITED
V. BLACKBERRY NIG LIMITED & ANOR ECW/CCJ/JUD/05/11 @ pg. 13.
However, in the absence of factors which will enable the Court to make an
accurate assessment of the harms suffered by the Applicant, the Court may
adjudge and fix a lump sum as reparation for the prejudice caused the
Applicant. See AMINATA DIANTOU DIANE v. REPUBLIC OF MALI
ECW/CCJ/JUD/14/18 @ pg 15
100.
From the facts before the Court, the Applicant has successfully
established a violation of its right to property arising from the unlawful
withdrawal of its license which entitles it to compensation. The claim of the
applicant is premised on the fact that it has made substantial investments on
the land in the construction and installation of 65 air conditioned classrooms,
a floor of offices, 5 laboratories, 5 computer rooms equipped with 20
computers each, 6 language classrooms, two floors of boarding schools for
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