PAULINUS CHUKWU & ORS V. MATHEW AKPELU

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division, in Appeal No. CA/PH/33/98 delivered on the 8th day of December, 2004 allowing the appeal from the judgment of the trial High Court of Imo State of Nigeria sitting at Oguta and delivered by Njiribeako J. in suit No. HOG/53/92 on the 28th October, 1996.

The facts of this case as originated from the record of the trial court and which arose from the plaintiff/respondent's claim against the defendants/appellants are for:

"(3) The sum of Two Million Naira only as general damages jointly and severally against the Defendants in that on or about the month of February 1992 without his leave, permission and or consent, they with their agents went into the palm plantation of the plaintiff at OGBURUZO OGWU along Nkraha - Owerri Port Harcourt Road cut down and destroyed hundreds of Agricultural palm trees planted by the plaintiff and which have been …