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GRAINS PRODUCTION AGENCY & ORS. v. CHARLES EZEGBULEM

(1998) JELR 44960 (CA)

Court of Appeal  •  CA/E/137/96  •  3 Dec 1998  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO JCA; NIKI TOBI JCA; EUGENE CHUKWUEMEKA UBAEZONU JCA;

Judgement

AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal against an interlocutory ruling of Ezeani, J. of the then Anambra High Court holden at Otuocha, in suit No. OT/35/94 delivered on 15/5/95, wherein he held that the suit of the plaintiff before him was not statute-barred or incompetent, and so struck out the preliminary objection of the defendants with no order as to costs.

At the trial court, the claim of the plaintiff (now respondent) as contained in para 8 of his particulars of claim was as follows:-

"8. Wherefore the plaintiff claim against the defendants jointly and severally is as follows:-

(1) N500,000.00 being general and special damages for the trespass committed by the ddendants on the farm in the possession of the plaintiff on or about the 15th day of May 1991, at Igbariam farm settlement within jurisdiction.

Particulars of special damages

N K

(a) Value of 240 palm trees uprooted at N100 per palm tree 24,000

(b) Lost income from the 240 palm trees for 3 …

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