PRINCE FRIDAY ELEMA V. NATIONAL ELECTRIC POWER AUTHORITY

IBIYEYE, J.C.A. (Delivering the Leading Judgment): The plaintiff now the appellant in this appeal sued in a representative capacity by filing an endorsed writ of summons dated 22nd October, 1985 in the High Court of Justice Benin City presided over by Omorodion, J., against the defendant who is now the respondent for trespass to land. Pleadings were filed and exchanged by the parties. The parties, however, had causes to amend their pleadings and eventually filed what the appellant and the respondent titled further Amended Statement of Claim and Furtehr Amended Statement of Defence.

The salient averments and claims made by the plaintiff against the defendant are reflected in paragraphs 30, 31, 32 and 33 of the Further Amended Statement of Claim and they read as follows:-

"30.The Plaintiff avers that the entire landed estate and/or property which the construction of the overhead transmission lines by the Defendant affects measures some 23,220 hectares which consists {sic} of 206 plots …