Anambra State Environmental Sanitation Authority & Anor V. Raymond Ekwenem (2009)

LAWGLOBAL HUB Lead Judgment Report

O. ADEKEYE J.S.C.

The Respondent in this appeal, Raymond Ekwenem, doing business under the name and style, Rainbow Petroleum And Engineering Company, as Plaintiff sued the Appellants, Anambra State Environment Sanitation Authority (hereafter to be referred to as ASESA) Ignatius Njoku and Martin Ohaguluke both employees of ASESA, as Defendants before the High Court of Anambra State, Onitsha Judicial Division. The claim of the Plaintiff against the defendants according to pages 1-2 of the Record reads as follows:-

Wherefore the plaintiff’s claim against the Defendants jointly and severally as follows:-

a) Special and general damages for trespass, malicious damage to the Rainbow filling station and Rainbow Engineering heavy duty equipments assessed to (sic) N2,000,000 (Two Million Naira) b) OR IN THE ALTERNATIVE

An order of court that the Defendants are ordered to repair and reinstate at their expense:-

(i) The rainbow filling station and its damaged equipments, office furniture, pumps and building, four cranes and G.M.C. Truck,

(ii) To pay back to the plaintiff N19, 500 paid to him by one. Stephen Onyekwelu that day of incident and removed by the defendants, their servants and agents during their raid.

(iii) To repay to the Plaintiff the sum of N3, 549 being money realized from sales the said day and removed by the Defendants and their gang.

(iv) To pay to the plaintiff the sum of N500.00 daily from 23/11/87 till the determination (sic) as loss of earnings.

In the penultimate paragraph of his further Amended Statement of claim, at page 41 of the Record the claim reads:-

Paragraph 25

“Whereof the plaintiff claims against the defendants jointly and severally general damages and special damages for trespass, malicious damages;

(a) PARTICULARS OF SPECIAL DAMAGES

(i) 3 damaged pumps to be changed N149, 215.00 each