TSAMIYA, J.C.A.: (Delivering the Leading Judgment): By a writ of summons issued out of the Gboko Division of the High Court of Justice, Benue State, the plaintiffs (here in this appeal referred to as respondents) claimed against the defendant (here in this appeal referred to as appellant) the following reliefs:
a. A declaration of the said plot of land No. 400, measuring 100 Ft x 50 Ft lying and situate at Gboko West.
b. The sum of N 34,250 being special and general damages.
i. N4,250 special damages beings the cost of the purchase of 50 bags of cement at N50.00 per bag and the cost of molding 2,500 blocks of cement at 70 kobo per block being 50 blocks per bag of cement.
ii. N30, 000.00 general damages.
At the High Court of Justice of Benue State (there in this appeal referred to as the trial court) parties filed, delivered and exchanged pleadings, which were later amended.
By the amended statement of claim, in paragraph 17, the plaintiffs claimed the following reliefs:…