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THE REGISTERED TRUSTEES OF THE DIOCESE OF ABA V. HELEN NKUME

(2002) JELR 53595 (SC)

Supreme Court  •  SC.94/1999  •  11 Jan 2002  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE, JSC (Presided) IDRIS LEGBO KUTIGI, JSC (Read the Lead Judgment) UTHMAN MOHAMMED, JSC ANTHONY IKECHUKWU IGUH, JSC EMMANUEL OLAYINKA AYOOLA, JSC

Appearances
Chief M. I. Ahamba, SAN, (with him, Chidi Nwuke, Esq. and Okey E -*- Ajunwa, Esq.) - for the Plaintiffs/Appellants . -*- B.E.I. Nwofor, Esq. - for the Defendant/Respondent .

Judgement

KUTIGI, JSC (Delivering the Lead Judgment): In the High Court of Imo State, holden at Umuahia, the plaintiffs claimed from the defendant jointly and severally as follows:- “(a) N10,000.00 (Ten Thousand Naira) being special and general damages for trespass. (b) An injunction permanently to restrain the defendants, by themselves, their agents and workmen from in any way dealing or interferring with the said plot of land. PARTICULARS OF SPECIAL DAMAGES The value of 1,000 moulded blocks of cement destroyed by the defendant N600.00 General damages N9,400.00 N10,000.00” Two defendants were originally sued. The first defendant, Comfort Nkume died leaving Helen Nkume as the only defendant. Pleadings were ordered, filed and exchanged between the parties.

These were later amended. The plaintiffs fought their case on the basis of their “amended statement of claim” filed on 6th October, 1986, while the defendant relied on her “Further Amended Statement of Defence of 2nd defendant” filed on 12th …

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