NIGERIAN BOTTLING COMPANY PLC V. CHIEF UZOMA UBANI

C. M. CHUKWUMA-ENEH, JSC (Delivering the Leading Judgment): This appeal is against the decision of the Calabar Division of the Court of Appeal adjudging the defendant/appellant in this court liable to pay a total sum of ₦18,982.700 (Eighteen Million, Nine Hundred and Eighty-Two Thousand and Seven Hundred Naira Only) as general and special damages for trespass occasioned by an unlawful use and occupation of the plaintiff's warehouse and premises situate at No.55, Obudu Road, Ikom, Cross River State.

From the facts of this matter the claim of the plaintiff at the trial court as per his Further Amended statement of Claim is as follows:

Particulars of Special Damages

(i) ₦196, 274.00 being loss of rent by the plaintiff on the property from August 1991 when the 1st defendant broke into the property to July 1993 (two years) at ₦98, 137.00 per annum.

(ii) ₦157,020.00 being loss of rent on the property from August 1993 when the value of the property appreciated to July 1994 (one year) at the …