National Horticultural Research Institute V. Alhaji Muraina Ayoade & Ors (1997)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J.S.C. 

This appeal is from the decision of the Court of Appeal, Ibadan, delivered on the 27th of May, 1993. The plaintiffs, hereinafter referred to as the respondents, filed an action against the appellant in the High Court, Ibadan, and claimed for the following reliefs:

“(a) The sum of Two Hundred Thousand Naira (N200,000.00) being special and general damages for trespass committed by the defendant on the plaintiffs’ buildings and landed properties situate, lying and being at Eleyele Area, Ibadan.

Particulars:

Special Damages:

1a. Loss of use of the Plaintiffs holding on the said land

1st Plaintiff Residential N K

Building – N6,000.00 per annum for 6 years 36,000.00

2nd Plaintiff Residential

Building – N6,000.00per annum for 6 years 36,000.00

3rd Plaintiff A Shopping

Complex – N3,600.00 per annum for 6 years 21,600.00

4th Plaintiff A Stretch

of land – N8,000.00per annum for 6 years 48,000.00