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ALHAJI ISHOLA ARE OGELE V. ALHAJI AILERU DARE SALIU & ORS.

(2005) JELR 45144 (CA)

Court of Appeal  •  CA/IL/8/2003  •  10 Mar 2005  •  Nigeria

Coram
MUHAMMAD SUIFULLAHI MUNTAKA-COOMASSIE JCA; ABOYI JOHN IKONGBEH JCA; TIJJANI ABDULLAHI JCA;

Judgement

MUHAMMAD SUIFULLAHI MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): In the High Court of Justice the plaintiff, Alhaji Ishola Are Ogele, claims against the defendant, Alhaji Aileru Dare Saliu, as follows:

"1. Special damages of N190,000 (One hundred and ninety thousand naira) only for the wanton destruction committed by the defendant on the plaintiff's family land, situate, lying and being at along Airport Road, Budo Nuhu Village Ilorin subject matter of this suit on or about 29th day of March, 2001.

PARTICULARS OF SPECIAL DAMAGES

5,000 heaps of yam destroyed by the defendant at N10.00 each N50,000.00

5,000 stems of cassava destroyed by the defendant at N10.00 each N50,000.00

5,000 stems of maize destroyed by the defendant at N10.00 each N50,000.00

10 palm trees destroyed by the defendant at N2,000 each N20,000.00

10 lucust beau trees at N2,000 each N20,000.00

N190,000.00

2. THE SUM OF N100,000.00 on the footing of aggravated and exemplary damages for the trespass commit…

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