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ZENITH BANK PLC & ANOR. V. CHIEF DENNIS EKEREUWEM & ANOR.

(2011) JELR 46977 (CA)

Court of Appeal  •  CA/C/180/2009  •  25 Mar 2011  •  Nigeria

Coram
JAFARU MIKA'ILU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): The Appellants were the defendants in Suit No. HEK/80/2006 at the Eket Division of the High court of Akwa Ibom State. The Respondents commenced the action through the Writ of Summons and Statement of Claim dated 28th June, 2006 wherein they claimed as follows:

"1. A declaration that the acts of the Defendants through their staff and agents in invading the private residence of the plaintiffs, assaulting and battering the 1st Plaintiff and damaging his properties are unlawful and constitute trespass to person and property.

2. One million five hundred thousand naira (N1, 500, 000.00) in special damages, being cost of repair and replacement of damaged ornamental glass windows, plastic chairs and seats at the 1st plaintiff's residence by the Defendants.

3. Fifty million naira (N50, 000,000.00) in general damages for assault, battery and trespass to property.

4. A declaration that the Statement of the 2nd Defendant to wit:

"Loo…

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