C. O. MADARIKAN, J.S.C. (Delivering the Leading Judgment): In the High Court, Benin City, the present appellant took out a writ of summons against the respondent. During the course of the proceedings (Suit No. B/26/72), the writ was amended to read as follows:-
"On 1st February, 1972, the defendant, his servant or/and agents broke into the plaintiff's house situate at and known as 45A, Owinna Street, Benin City and destroyed same.
Wherefore the plaintiff's claims against the defendant are as follows: -
1. 5,000 pounds (i.e N10,000) special and general damages for trespass on the said house.
2. Injunction restraining the defendant, his servants or/and agents from further destroying and interfering with the said house or any part thereof.
Particulars of special damages
Cost of re-building plaintiff's
house to its former condition 3,449.1 N6,898.10 pounds
General damages including loss
of rent at 26pounds (i.e. N52) per
month until judgment 550.19 N3,101.90 pounds Total 000. N10,000.0…