PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice E.C. Ahanonu of the Enugu State High Court delivered on the 11th day of December 2006. In the said judgment, the learned trial judge found against the appellant. The said judgment was in respect of two consolidated civil suits filed by the Respondent against the Appellant i.e Suit No E/82/2000 and E/341/2001 in the course of trial, the two suits were consolidated by the Court on the 7th day of January 2002.
In suit No. E/82/2000, the Respondent claimed against the Appellant that it should fill up the well or excavation it dug within the premises at No 12B Onoh Cresent, Onoh Quarters G.R.A. Enugu. Alternately that the Respondent be allowed by order of Court to do so at the Appellants cost.
Also in suit No E/341/2001, the Respondent claims against the Appellant the sum of two Million Naira in special and general damages for the damage to the Respondents duplex units situ…