HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Honourable Justice P. I. Imoedemhe delivered on 15th June 2002. The facts giving rise to this appeal are as follows:
The Appellants at the trial court filed an action against the Respondent by a writ of summons dated 18th April 2002, claiming against the Respondent as follows:
The Plaintiffs claim from the Defendant who resides at Benin city within the jurisdiction of this Honourable Court the sum of N14,539,367.00 being special and general damages suffered by the Plaintiff in that sometime in 1988, the Defendant trespassed upon the Plaintiff's farm and premises at Ayen Village, in Ohionmwon Local Government Area and destroyed Plaintiffs' three fish ponds and ancillaries and other economic crops in the said farm.
The Appellants filed a statement of claim and led evidence in proof of their case and called two witnesses. The Respondent entered conditional appearance and fi…