Calabar East Co-operative Thrift & Credit Society Limited & Ors. V. Etim Emmanuel Ikot (1999)

LAWGLOBAL HUB Lead Judgment Report

ACHIKE, J.S.C

The plaintiff, a shoemaker, was at all material times in possession of a store situate at 10c Barracks Road, Calabar where he kept machines, tools and implements for his shoe-making business. He was a paying tenants i.e. N24.00 per month to one M. Etuk (the landlord) and used part of the apartment for residential purposes. On 10th May, 1980 the 2nd to 4th defendants, acting on behalf of the 1st defendant, without any lawful reason or excuse, broke into and entered the said store, dismantled the roof thereof and caused considerable damage to the plaintiff’s goods, machines, equipment and tools of trade. It rained later on 10/5/80 and the said store was flooded. Wherefore, the plaintiff claimed jointly and severally from the defendants the sum of N53,490.00 damages which was broken down into N23,490.00 special damages and N30,000.00 general damages.

The defendants’ case was that the 1st defendant, as owner of the aforesaid store occupied by the plaintiff, had let out same to Mrs. Maria M. Etuk and after serving a notice to quit on Mrs. M.M. Etuk, the defendant, acting under the directives of the Calabar Municipal Government to demolish certain structures, proceeded to dismantle the roof of the said store after giving due notice to all the tenants, including the plaintiff who was not put into possession by them. The defendants counter-claimed against the plaintiff for

“(a) Forfeiture of the store at 10c Barracks Road, Calabar

(b) N5,000.00 damages for trespass

(c) Perpetual injunction against the plaintiff from committing further acts of trespass on the said store.”

After due trial, the learned trial High Court Judge, sitting at the Calabar High Court, handed down his judgment on 23/10/90 in favour of the plaintiff against the defendants. After making the following findings, to wit,

“In conclusion, I must find that the plaintiff was at all times in possession of the store situate at No. 10c Barracks Road, Calabar. That the defendants without any lawful reason or excuse by themselves or servants and/or agents broke into the said store and caused a colossal damage to the plaintiff’s machines and other tools of trade. That he has suffered damage and is entitled to damages.”

His Lordship, Effanga, J. (as he then was) made the following orders:

“I dismiss the counter-claim of the Defendants as being without merit. I make the following orders:-

(1) Defendants to pay N23,490.00 special damages to the plaintiff.

(2) Defendants to pay N10,510.00 as general damages for trespass;

The total – N35,000.00

(3) The Defendants will pay N1,000.00 as costs to the plaintiff.”