AKPIROROH, JCA: (Delivering the Lead Judgment) This is an appeal by the appellant in a consolidated suit Nos. HOW/50/80 and HOW/116/80 against the judgment of the High Court of Justice, Imo State sitting at Owerri delivered on 24th November, 1986. The claim of the appellant as plaintiff in the court below is as follows:- “By reason of aforesaid conduct of defendant the plaintiff has suffered special and general damages.
Cost of escavating the concrete foundation made by defendant on plaintiff’s land ... ... ... ... N 7,000.00
Cost of hiring a tipper for working days to remove the concrete debries at N70.00 per day... ... ... N 980.00
(c) General damages ... ... ... ... N62,020.00
N70,000.00
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Wherefore the plaintiff claims against the defendant the sumof N70,000.00 being special and general damages for trespass committed by the defendant on plaintiff’s land situate at Orji within jurisdiction.” The claim of the respondents in the court below is as follows:-
“By reason of above prem…