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JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Ruling and Judgment of the Benue State High Court of Justice sitting in Katsina-Ala delivered by Ikpambese, J. on 19th January, 2009 in motion no. KHC/123M/2008 and suit no.KHC/33/2005. Both decisions were rendered in favour of the Respondent, and against the Appellants.
A brief statement of the facts leading to this Appeal is as follows: The Plaintiff (now Respondent) commenced an action via a writ of summons against the Respondents before the Lower Court and by paragraph 17 of his Statement of claim, he claimed the following reliefs:
(17) The actions of the defendants are calculated to frustrate the plaintiff while they (defendants) will continue to farm and harvest several tones of yams, guinea corn, groundnuts, cassava etc to the chagrin and annoyance of the plaintiff.
(i) One Million, Five Hundred Thousand Naira (1,500.000.00) for exemplary and general damages for trespass; deprivation of use…