HON. NZE HERBERT OSUJI & ANOR. V. ANTHONY ISIOCHA

WALI, J.S.C. (Delivering The Leading Judgment): The plaintiff claims against the defendants jointly and severally, general damages for malicious destruction of his building on the land leased to him by the defendants' father, situate at No.2 Owerri/Onitsha Road, Owerri (formerly known as No.1 Owerri/Onitsha Road). The plaintiff claims in paragraph 10 of his statement of claim as follows:-

"10. The destroyed building and shed cost the plaintiff about Sixty Thousand Naira (N60,000) to build and its present value before destruction was about One Hundred Thousand Naira (N100,000),"

and prays for the following relief in paragraph 11 of the Statement of Claim-

11. The plaintiff has suffered an unjust damage and claims from the Defendants jointly and severally N100,000 (One hundred Thousand Naira) being damages."

The defendants denied the plaintiffs claim. They filed a joint statement of defence.

At the conclusion of the trial the learned trial Judge (Chianakwalam) reviewed and considered th…