Soleh Boneh Overseas (Nigeria) Ltd. V Agboola Ayodele & Anor (1989)

LawGlobal-Hub Lead Judgment Report

WALI, J.S.C.

The Plaintiffs’ (suing in a representative capacity) claim against the Defendants as endorsed in the Writ of Summons is for-

1. The sum of N500,000 as special and general damages for trespass on the Plaintiffs’ land at Bakatari, along Ibadan/Abeokuta Road and destruction thereon, cassava plants, palm trees and also digging and removing therefrom several yards of laterite.
2. Injunction restraining the defendants, their agents and/or servants from committing further acts of trespass on the said land.

Pleadings were ordered and filed. These were later amended. Before the actual hearing began, that is the taking of evidence of witnesses, the plaintiffs dropped their claims against the second defendant and his name was struck out. The case therefore proceeded against the 1st defendant only. In paragraph 15 of the plaintiffs’ final amended statement of claim they gave the particular; of their claims as follows:-

“SPECIAL DAMAGE

(a) Value of 18 palm trees destroyed on the area edged yellow lying to the East of the Plan No. JFA556 at N100.00 each…. ….. N1,800.00

(b) Value of excavated laterite on

the two portions marked yellow

on Survey Plan No.JFA 556 – 22182 M2 &;

10835 M3 – 8573 lorry loads at

ownership disposal N12.00 per load… N102,876.00

2ND PLAINTIFF

Value of cassava plants on area:

marked yellow and lying on the

East of Survey Plan No.JF A556