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O. ACHIKE, J.S.C (Delivering the Leading Judgment): The plaintiff, a shoemaker, was at all material times in possession of a store situate at 10c Barracks Road, Calabar where he kept machines, tools and implements for his shoe-making business. He was a paying tenants i.e. N24.00 per month to one M. Etuk (the landlord) and used part of the apartment for residential purposes. On 10th May, 1980 the 2nd to 4th defendants, acting on behalf of the 1st defendant, without any lawful reason or excuse, broke into and entered the said store, dismantled the roof thereof and caused considerable damage to the plaintiff's goods, machines, equipment and tools of trade. It rained later on 10/5/80 and the said store was flooded. Wherefore, the plaintiff claimed jointly and severally from the defendants the sum of N53,490.00 damages which was broken down into N23,490.00 special damages and N30,000.00 general damages.
The defendants' case was that the 1st defendant, as owner of the aforesaid store occupi…