THE REGISTERED TRUSTEES OF MISSION V. ALL STATES TRUST BANK PLC, PAUL ITYOAPINE ISEGBA & CAD (NIG.) LIMITED
(2003) JELR 54326 (CA)
Court of Appeal
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CA/J/197/2001
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7 Apr 2003
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Nigeria
Coram
OLUDADE OLADAPO OBADINA, JCA AMIRU SANUSI, JCA IKECHI FRANCIS AGBUAGU, JCA
Appearances
Mr. J. S. Okutepa (with him, Tom Uje, Esq.) for the Appellant;
V. V. T. Rhule for the 1st Respondent;
G. Jande for the 2nd and 3rd Respondents.
Judgement
<p><strong> SANUSI, JCA (Delivering the Lead Judgment): </strong> This is an appeal against the ruling of Benue State High Court, Makurdi presided over by Tur, J. (hereinafter referred to as the lower court). The said ruling was delivered on the 28th of June 2001. On 5/6/2001 the appellant as plaintiff at the court below took a writ of summons against the three respondents as defendants thereat. The reliefs it sought against the latter as per the writ and statement of claim are as follows:- </p><p>(a) An unequivocal apology in writing address to the plaintiff.</p><p>(b) Payment of the sum of ten million naira (10,000.00:-) only as special and general damages for the tort of trespass and the injuries suffered by the plaintiff. </p><p>(c) An order of injunction restraining the defendants, their servants, agents representative, workmen, assigns and whosoever acting on their behalf or in their interest from further trespassing deem fit to make in circumstances of the case. </p><p>This motion was supported by an eight paragraph affidavi…</p>