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MR. IGNATIUS ANYANWU & ORS. V. MR. ALOYSIUS UZOWUAKA & ORS.

(2009) JELR 33608 (SC)

Supreme Court  •  SC.167/2005  •  3 Jul 2009  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC; MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; OLUFUNMILOLA OYELOLA ADEKEYE JSC;

Judgement

F. F. TABAI, J.S.C. (Delivering the Leading Judgment): This action was commenced at the Port-Harcourt Judicial Division of the High Court of Rivers State on the 17th of January 1996 when the writ of summons was issued. The Plaintiffs sued for themselves and as representing the SAND AND GRAVEL DEALERS UNION (Mile 3) Dump). They were the Respondents at the Court below and are the Appellants herein. The Defendants were sued for themselves and as representing Drivers and loaders at Mile 3 Sand and Gravel Dump. They were the Appellants at the Court below and are the Respondents herein.

In their Statement of Claim dated and filed on the 12/3/96 the Plaintiffs claimed against the Defendants jointly and severally N700,000.00 (Seven Hundred Thousand Naira) being and representing special and general damages for trespass and willful and unlawful damage to building materials owned by the Plaintiffs left at their Dump in Mile 3 and which Dump the Respondents invaded. Particulars of special damages…

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