CHIEF (ENGR) AKPAN AKPAN UDOETE V. ALFRED HEIL STRABAG CONSTRUCTION (NIG.) LTD.

EKPE, JCA (Delivering the Lead Judgment): The plaintiff commenced the substantive suit No. HAB/70/96 in respect of the matter at the High

Court Ikot Abasi of Akwa Ibom State. The plaintiff claimed against the defendants in paragraph 14 of the Statement of Claim thus: “Wherefore the plaintiff claims from the defendants as follows:

N12,710,000.00 (twelve million seven hundred and ten thousand Naira) representing special and general A damages when on or about September 7 1995, the defendants and their servants agents, and privies wrongfully, unlawfully, and illegally invaded the plaintiff’s palm oil Mill, Ete and caused extensive damage to the said premises as per the particulars hereunder an injunction restraining the defendants and their servants, agents and privies from causing any further damages to the said premises of the palm oil Mill Ete”.

The plaintiff also gave particulars of Special damages. The statement of claim was filed out of time with the leave of court. The defendants di…