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MTN NIGERIA COMMUNICATIONS LIMITED v. BARRISTER EMEKA EMEGANO

(2016) JELR 42327 (CA)

Court of Appeal  •  CA/OW/87/2012  •  22 Jun 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): By a writ of Summons dated and filed the 1st day of April, 2008 and Statement of Claim dated and filed on the 29th day of July, 2008, the Respondent (then the Plaintiff) sued the Appellant (then Defendant) in the High Court of Imo State of Nigeria, Holden at Nkwere Judicial Division and sought for the Reliefs following:

WHEREFORE, the Plaintiff Claims:

(i) The sum of N150,000,000.00 (ONE HUNDRED AND FIFTY MILLION NAIRA) Only being special and general damages for trespass by the Defendant into the Plaintiffs Land known as and called ALA IKPA situate at Umuakje, Umuseke, Okwuder, Njaba Local Government, Imo State.

PARTICULARS OF SPECIAL DAMAGE:

(a) Cost of dismantling the Communication Mast = N75,000,000.00

(b) Cost carting the mast away and disposing of the same = N15,000,00.00

(c) Cost of detoxification of the Land = N10,000, 000.00

(d) Cost of restoration of Land to its Original use and purpose = N10,000,00

(e) Cost of Profession…

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