OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Stephen B. OkonJ. in Suit No. HUK/30/99 delivered on 8 December 2003, at Ukanafun Judicial Division of the High Court of Akwa Ibom State.
On 12 October 1999, the respondent as plaintiff issued a writ of summons against the defendants/appellants, jointlyand severally for special and general damages for trespass to his land. The suit culminated into the following relevant processes exchanged between the parties for the purpose of the trial at the court below:
Statement of claim dated 26 November 1999 and filed on 29 November 1999.
Statement of defence of the 1st - 13th defendants as amended dated 18 July 2001 and filed on 4 March 2002.
Reply and (sic) to defendant counterclaim dated 14 January 2000 and filed on 18 January 2000
The plaintiff/respondent’s particulars of claim are contained in paragraph 8 of the statement of claim as follows:
“... by reason of the defendants’ act, the plaintiff has suffered bo…