CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of the High Court of Benue State (hereinafter referred to as the lower/trial Court), presided over by Hon. Justice E. M. Kpojime, J., in suit No. MHC/187/2015 and delivered 30th October, 2018.
BRIEF FACTS LEADING TO THE APPEAL
By a writ of summons issued 31st August, 2015, the plaintiff before the lower Court who herein is the appellant had sought the following reliefs at paragraph 15 thereof, against the defendant herein the respondent:
a. An order directing the defendant to close the artificial holes and for perpetual injunction restraining him from creating artificial holes into the plaintiff’s compound.
b. An order of special damages in the sum of N416,860.00 only.
c. General, punitive and aggravated damages assessed at N5 Million only. (See pages 1 – 22 of the record of appeal).
Upon service of the Writ of Summons and the accompanying processes on the defendant, he responded by fil…