Catherine Okorie V. Ezugbo Chukwudi (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment)

The Respondent in this appeal was the plaintiff in suit No. O/117/2005 instituted at Onitsha Division of the High Court of Anambra State through the Writ of Summons filed with a Statement of Claim on 1/3/2005 for the following reliefs:

(a) Declaration that the plaintiff is the person entitled to the possession, use and occupation of the market stall No. OSP/MAJ/8, Ose Okwuodu Market, Onitsha.

(b) Recovery of possession of the said market stall.

The appellant who was the defendant filed a Statement of Defence and Counterclaim on 20/4/2005 denying the claim and sought the following as counterclaim;

(a) An order of declaration that the defendant is the bonafide owner user, occupier and possessor of market stall No. OSP/MAJ/8 (full) Ose Okwodu Market, Onitsha.

(b) One Million Naira (1,000,000.00) being damages for trespass.

(c) An injunction restraining the plaintiff, his agents, servants or any person claiming through him from harassing intimidating and/or locking up the said market stall.

(d) SPECIAL DAMAGE

The sum of N174,000 (one hundred and seventy four thousand naira) being the total income and profit the defendant derives from her sales at the said stall per month as special damages for preventing the defendant from carrying on her legitimate business since January 2005 until the day the plaintiff removes the barricade or the court give judgment.

PARTICULARS OF SPECIAL DAMAGES

(i) Profit/income from sales per day. … N6,000.

(ii) Profit/income for one month excluding Sundays calculated at the rate of N6,000 per day. …. N174,000.”

The respondent filed a Reply to Statement of Defence and Counterclaim on 10/5/2005.