APPEALS- REPLY BRIEF – Essence of- A reply brief is only necessary when an issue of law or argument in the Respondent’s brief calls for a reply.
CONTRACT-Breach of Contract-Consequential effect- Once breach of contract is established, damages follow.
DAMAGES-GENERAL DAMAGES-Its importance -General damages are awarded by the trial court to assuage a loss caused by an act of the adversary. Damages are awarded to restore the plaintiff as far as money can to the position he would have been if there had been no breach.
DAMAGES-SPECIAL DAMAGES– How to obtain it -To succeed in a claim for special damages a party must plead, particularize, or itemize. It must be claimed specially and proved strictly.
INTERNATIONAL LAW- RATIFICATION– Effect of ratification of the ‘Warsaw Convention’ by a Country-All Countries that are signatories to it applies it without recourse to their respective domestic law.
PRACTICE AND PROCEDURE-It is very well-settled that concurrent findings by the trial court and the court of Appeal would not be disturbed by the Supreme Court except there has been an exceptional circumstance to disturb those findings.
PRACTICE AND PROCEDURE-PARTY– Non- Joinder of a party – Effect on Claim.
PRACTICE AND PROCEDURE-PLEADINGS – pleadings without evidence in support are worthless.
“Damages are awarded to restore the plaintiff as far as money can to the position he would have been if there had been no breach.”
– Per Bode Rhodes-Vivour J.S.C.