ABIMBOLA OSARUGUE OBASEKI – ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Edo State High Court; Auchi Judicial Division delivered by HON. JUSTICE E. F. Ikponmwen on 14th March, 2012, wherein the lower Court found that the Respondents had proved a better title, granted the relief for trespass but dismissed the claims for special and general damages and dismissed the Appellant’s counter claim.
The Respondents/Plaintiffs claimed the following at the lower Court;
a. Special damages in the sum of N22,798,861.14 (Twenty-Two million, seven hundred and ninety-eight thousand, eight hundred and sixty-one naira, fourteen kobo) being accumulated compound interest and the capital sum on the said N235,000.00 (Two hundred and thirty five thousand naira) borrowed as aforesaid.
b. N77,201,138.85 (Seventy-Seven million two hundred and one thousand, one hundred thirty-eight naira, eighty-five kobo) being damages for trespass committed by the Defendants, th…