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AMREVUAWHO PETER EDARIESE v. NIGER CONSTRUCTION NIGERIA LIMITED & ORS

(2017) JELR 37932 (CA)

Court of Appeal  •  CA/B/277/2013  •  6 Jul 2017  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; PHILOMENA MBUA EKPE JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA;

Judgement

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the Judgment of the Delta State High Court sitting at Azoro delivered on the 30th day of March, 2012 wherein the trial Court found in favour of the Appellant by awarding damages for trespass in the sum of N200,000.00 and N10,000.00 as cost of the said action.

The Appellant herein in whose favour the award of damages was made, seemingly dissatisfied with the decision of the lower Court has filed the present appeal.

The facts that culminated to this appeal are as follows:

The Appellant as Plaintiff in the lower Court claimed against the Defendants/Respondents thus:

The sum of N50,000,000 (Fifty Million Naira) being damage and/or lump sum reasonable and adequate compensation payable by the 1st Defendant/Respondent to the Plaintiff/Appellant for trespass by the 1st Respondent into the Akporehe, Okomu, Agboro and Odologbo family land lying and situate in Udjese Bush along Ewu Oviri Road, Oviri Olomu by dig…

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