IBOJE ITAMBONG & ORS V. MICHAEL AKONYE

TAYLOR JSC (DELIVERING THE LEADING JUDGMENT)

The three plaintiffs, on behalf of themselves and the people of Awi-Arochuku Road, Calabar, sued the defendant in the High Court of Calabar claiming, to quote the writ:

“The sum of £2000 (Two Thousand Pounds) sterling being general and special damages for trespass in that on or about the month of August, 1959 the defendant his workmen or servants unlawfully broke and entered the land of the plaintiffs at Awi between mile 23 and 24 on the Calabar Arochuku Road destroyed the plaintiffs farms and excavated and removed 809 cubic yards of gravels without the consent or authority and in flout of the right of possession of the plaintiffs to the said land.”

The main defence, and the one on which the appeal turns, is contained in paragraph 4 of the Statement of Defence which reads thus:

“The defendant denies paragraph 5 of the Statement of Claim. Alternatively, the defendant states that if he, his workmen and/or servants broke and entered and excavated …