TOMONITEMEKA EDWARD V. CHIEF HERBERT H. KIRI & ORS

DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): The appellants as plaintiff in the trial court made some claims in a suit against the respondents as defendants. Each of the parties shall hereinafter be referred to simply as appellants and respondents respectively.

The appellants, in suit No: PHC/184/85 claimed as follows:

(a) The sum of N50;000.00 (Fifty thousand Naira) being general and special damages for trespass committed by the respondents in that on the 11th October, 1980, at Ekerekana village in Okrika Mainland of Okrika in the then Okrika/Tai Eleme Local Government Area of Rivers State, now Wakirike Local Government Area, the respondents without the leave or license of the appellants broke and entered the appellants, premises at Ekerekana village and damaged the appellants' uncompleted block building.

(b) Perpetual injunction restraining the respondents, their servants, agents and all those claiming through them from committing further acts of trespass on the said pr…