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G. A. OBANOR V. EHIGIE OBANOR

(1976) JELR 42479 (SC)

Supreme Court  •  SC.127/1974  •  6 Feb 1976  •  Nigeria

Coram
SIR D. A. R. ALEXANDER JSC; CHARLES O. MADARIKAN JSC; CHUKWUNWEIKE IDIGBE JSC;

Judgement

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…

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