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COMMISSION OMORHIRHI & ORS. V. MICHAEL ENATEVWERE

(1988) JELR 42806 (SC)

Supreme Court  •  SC.196/1986  •  11 Mar 1988  •  Nigeria

Coram
AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC; CHUKWUDIFU AKUNNE OPUTA JSC; ABUBAKAR BASHIR WALI JSC; EBENEZER BABASANYA CRAIG JSC;

Appearances
P.O. Giwa (with him A.M. Shaibu) For Appellant Chief Akpedeye For Respondent

Judgement

A. B. WALI, J.S.C. (Delivering the Leading Judgment): The plaintiff's claim as endorsed on the Writ of Summons is -

"The plaintiffs claim against the defendants jointly and severally is for the sum of N20,000.00 (Twenty thousand Naira) being special and general damages for the wrongful act of the defendants when on the 12th day of December 1981 at Okozi Village, within the jurisdiction of this Honourable Court, the defendants trespassed on plaintiff's farm without the consent and or authority of the plaintiff and indeed against his will and damaged his economic crops/trees to wit: Cassava stems, sugar cane, okra, tomatoes and melon."

The claim was particularised as follows:-

"30,000 matured cassava stems at 30k each.... N9,000.00

10,000 matured sugar cane at 50k each... N5,000.00

5,000 tall okro at 50k each......... N2,500.00

1,000 fruit bearing tomato plants at 50k each... 500.00

2,000 matured melon balls at 20k each......... 400.00

General Damages.............. 2,600.00

Total.......…

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