MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This appeal is brought by the then 2nd defendant at the trial court, against the judgment of A. E. Okon, J. of the Akwa Ibom State High Court, sitting at Eket Judicial Division and delivered on 31st January, 2006. In this matter, the respondent as the plaintiff in Suit No. HEK/122/2001 sued two defendants, namely; Mobil Producing Nigerian Unlimited and Ewinstel Nig. Ltd. jointly and severally before the said trial court. The plaintiff took out his writ of summons on 13th January, 2001 and filed his statement of claim on 1st March, 2002. In paragraph 19 thereof, he sought the following relief:
"WHEREOF the plaintiff claims against the defendants jointly and severally the sum of N8,630,000.00 being fair and adequate compensation for damages occasioned on the plaintiff's property situate at and known as No. 1 Afaha Ekpenedi along Etebi Road, Esit Eket caused by the defendants' Road construction activities along Ura Ok…