G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This action, Suit S/27/65 was instituted in the High Court of the Mid-Western State (now Bendel State) in 1965 sitting in Sapele. The plaintiff, representing the Sagay family, claim as set out in paragraph 25 of the amended Statement of Claim as follows:-
"25. WHEREFORE the plaintiff claim from all the defendants jointly and severally as follows:-
1. The sum of 14,972.6s.3d. (Four Thousand Nine Hundred and Seventy two Pounds, Six Shillings and Three Pence) being special and general damages suffered by the plaintiffs as a result of the trespass committed by the 1st defendants, when they unlawfully entered the plaintiffs land at Amukpe, Sapele, and destroyed 2 dwelling houses, 660 orange trees, 50 coconut trees, 30 pear trees 70 grape fruits, 25 kolanut trees and 20 palm wine trees belonging to the plaintiffs.
PARTICULARS OF CLAIM
(a) SPECIAL DAMAGES:-
(i) 2 dwelling houses at
1,000 each = 2,000.s.d.
(ii). 660 orange trees at