Akpan Sam Adua V. Akpan Akpan Udo Udo Essien & Ors. (2009)

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THERESA NGOLIKA ORJI-ABADUA J.C.A,

The Appellant was the Plaintiff at the trial Court and by his undated Statement of Claim filed on 18/7/2000 at the High Court of Akwa Ibom State sitting at Ukanafun in Suit No. HUK/30/2000, he claimed against the Respondents thus:

“The sum of N600,000.00 as special and general damages jointly and severally from the defendants in that between the 23/11/91 and 27/12/91, the defendants, without any colour of right whatsoever broke into the Plaintiff’s land known as and called “Ndon Umana Ekpo” lying or being at Ikot Otu, Oruk Anam Local Government Area and harvested various items of food crops:- cocoyams, sweet yams, cassava and palm fruits therefrom and are continuing the trespassory acts till date without ceasing and without the permission, consent or authority of the Plaintiff.

PARTICULARS OF SPECIAL DAMAGES

(i) 100 beans of cocoyam at N250 N25,000,00

100 basis of sweet yams at N250.00 N20,000.00

100 basins of cassava tubers at N300 N30,000.00

2000 cone of palm fruit at N30.00 N60,000.00

2000 tubers of yam at N30.00 N60,000.00

N145,000.00

Continuous harvesting of palm fruits since 1992

till date at the rate of N40,000,00 per year N360,000.00 N505,000.00

(ii) GENERAL DAMAGES N95,000.00

N600,000.00