JOHN O. IMONA-RUSSEL VS. NIGER CONSTRUCTION LTD.

UWAIS, JSC (DELIVERING THE LEADING JUDGMENT): On the 7th April,1987 this appeal was allowed in part. Special damages assessed at ₦7,000.00 together with ₦300.00 costs were awarded in favour of the appellant and we reserved our reasons for the decision till today. I now give reasons.

The appellant instituted an action in the Bendel State High court, holden at Auchi, in which he claimed against the respondent as follows, in paragraph 14 of his amended statement of claim -

"(a) Special damages for trespass...₦ 22,633.00

(b) General damages for trespass...₦ 77,367.00

TOTAL ₦ 100,000.00

(c) Or, in the alternative, an order of court that the plaintiff is, in any event entitled to and shall be paid at least ₦ 22,633 compensation."

The facts of the case are straightforward. Sometime in 1974, the appellant acquired lease for a term of 99 years over a parcel of land with an area of 118 acres. The parcel of land was to be employed in poultry and arable farming. A lease agreement was executed by the ap…