MONIER CONSTRUCTION COMPANY LTD. V. TOBIAS I. AZUBUIKE

AGBAJE, J.S.C. (Delivering the Leading Judgment): On 12th February, 1990, I dismissed the appellant's appeal summarily subject to the accidental slip of the lower court in the assessment of the damages due to the respondent which I corrected. I indicated then that I would give the reasons for my judgment today. I now proceed to do so.

The plaintiff, Tobias I. Azubuike sued the defendant's company, Monier Construction Company Ltd. in an Imo State High Court, holden at Okigwe, claiming the following as per paragraph 12 of his statement of claim, since the latter supercedes the writ of summons:-

12 "Wherefore the plaintiff claims from the defendant the sum of N100,000.00 made up as follows:-

(i) N72,000.00 being the value of stone chippings removed on or about 16th and 17th December, 1977 by the servants, agents or workmen of the defendant from the land in occupation of the plaintiff, at Isulabo, Uturu Okigwe, within jurisdiction.

(ii) N20,000.00 being the cost of yams, cassava and othe…