Messrs Dumez (Nigeria) Ltd. V. Patrick Nwaka Ogboli (1972)

LawGlobal-Hub Lead Judgment Report

LEWIS, J.S.C 

In Suit A/3/66 in the High Court at Agbor, the plaintiff claimed damages in the sum of 565pounds for trespass which he alleged in his writ the defendants committed about March, 1965, at Issele-Azagba in Otulu village and adjoining the new Otulu-Illah road and there “used their road implements and destroyed a large quantity of the plaintiff’s farm crops and economic trees.” Paragraphs 4, 5 and 6 of the Statement of Claim read:-

“4. The defendant Company undertakes road construction and road repairs as one of its major duties.

5. The Plaintiff has been farming on the aforesaid piece or parcel of land since November, 1929, and right from that time planted and owned palm trees, kola nut trees, banana trees, rubber trees and also owned Iroko trees on the land.
6. On or about March, 1965, the Defendant Company in course of their duty entered into the aforesaid land of the Plaintiff and used their road implements and destroyed a large quantity of the Plaintiff’s farm crops and economic trees namely:-

Particulars of Damages

(1) Special Damage:-

21 Palm trees uprooted value 5pounds each 105pounds: = : =

5 kola nut trees destroyed value 5pounds each 25pounds: = : =

10 Banana trees destroyed value 1pounds each 10pounds: = : =

15 Plaintain trees destroyed value 15pounds each 15pounds: = : =

4 Iroko trees destroyed value 25pounds each 100pounds: = : =

60 Rubber trees destroyed value 4 each 240pounds: = : =

= = = = = = =

Total Special Damage 495pounds: = : =

(2) General Damages…………………… 70pounds: = : =