Eng. Huat Industries Limited V. Obed Nkemdilim (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR,J.C.A.(Delivering The Leading Judgment)

On the 12th day of February, 2007, Late Mr. Boniface Nkemdilim and Ela Ogar instituted an action against Eng. Huat Rubber EPF at the High of Justice, Cross River State in the Akamkpa Judicial Division presided over by Hon.Justice M.O. Eneji.The action was founded on the fact that the plaintiffs entered into an agreement on 1st day of March, 1997 with the Chiefs of Ekpiri Iko Community in Biase Local Government Area of Cross River State represented by Chief Samuel Adamben, Chief Ijenga Awuri, and Chief Arorim Ayang to exploit timber in the community’s forest land for a period of ten years.

In the course of exploiting the timber, Eng.Huat Rubber EPF trespassed into the forest on the 23rd day of September, 2004, beat up their workers, damaged their equipment, seized and converted their timber and lorry, etc and have continued to deprive them of their rights in the forest.

Messrs Boniface Nkemdilim and Ela Ogar took out the writ of summons accompanied with a statement of claim in the Court below on 12th day of February, 2007 seeking the following reliefs in the statement of claim against Eng. Huat Rubber, EPF:

“By reason of the matter stated paragraphs, in the aforesaid the plaintiffs have suffered loss and damages.

PARTICULARS OF SPECIAL DAMAGES:

(i) Value of damaged plaintiff’s workers house at the forest at the cost of N800,000.00.

(ii) Value of one tractor at the cost of N10,000,000.00

(iii) Cost of damaged equipment valued at N1,000,000.00

(iv) Value of seized and converted timber at the cost of N1,300,000.00

(v) Loss of monthly earnings and profit from the sale of timber at a monthly value of N2 million per month from October, 2004 to February, 2007 when the contract ought to terminate N58,000,000.00.

(vi) The Market value of N10,000 pcs of 2 x 12 x 12 dimension of planks at the current rate of N1,800 per unit N18,000,000.00

(vii) The Market value of 20,000 pcs of 3 x 3x 12 dimension of planks at the cost of N600 per unit N12,000,000.00.

(viii) The market value of 25,000 pcs of 2 x 4x 12 dimension of planks at the cost of N400 per unit N10,000,000.00.