IBIYEYE, JCA (Delivering the Lead Judgment): This appeal is sequel to the judgment of Nwalu, J. of the Ogwashi-Uku Judicial Division of the Delta State High Court of Justice delivered on 27th March 1998 in suit No. S89/93.
The respondent, as plaintiff, sued the appellant, as defendant, for trespass and damages for such trespass. The issues involved in this case will be better appreciated coupled with case of reference if some averments in the parties’ pleadings are reproduced. I shall before doing so make a pertinent remark on the title of the respondent’s pleadings. It is titled 2nd “Amended Statement of claim”. I critically examined the record of proceedings in the trial court and I failed to see either the original statement of claim or the 1st statement of claim. The title given to the only statement of claim as reproduced above is a misnomer that should not be allowed to stand. The title of respondent’s pleading shall therefore be statement of claim simpliciter. The inadverten…