Chief Isaac O. Jemide V. Dr. Paul Nwanne & Ors (2008)

LawGlobal-Hub Lead Judgment Report

ALI ABUBAKAR BABANDI GUMEL, J.C.A.

This is an appeal against the ruling of the Warri Division of the High Court of Delta State in Suit No. W/284/2001 delivered by Anigboro, J. on 25th March, 2002. In that action, the appellant, as plaintiff claimed for special and general damages against the Defendants jointly and severally.

The full of the claim as set out in paragraph 50 of the statement of claim is as follows: –

  1. WHEREFOR the Plaintiff claims against the defendants, jointly and/or severally, special, general and punitive damages for the unlawful or illegal or wrongful entry and/or occupation of Plaintiff’s house, situate at 18, Efejuku Street, Warri, from the period 1/6/2000 to date, and/or in the alternative, for trespass on the said house over the period.

PARTICULARS OF SPECIAL DAMAGES

a) Rent due and payable to the Plaintiff for the house for period 1st June, 2000 to 30th of May 2001 or rent lost during the same period – N250,000.00

b) Rent due pro rata on the above amount from 1st June, 2001 to August 31st 2001 – 41,666.66

c) Cost of bringing the house to a state of good and tenantable repair, both internally and externally – 858,850.00

Total – N1,150,516.66

d) General damages – 500,000.00

e) Punitive Damages – 500,000.00

Grand Total – N2,150,516.66

f) In addition to the above, the plaintiff claims a pro rata rent from 1st September, 2001 till judgment is delivered, or until the defendants give up possession of the house by delivering its keys, which over is earlier on time.

See also  Ehigie Edobor Uzamere V. Pharm. Matthew Aisagbonridon Urhoghide & Ors (2009) LLJR-CA

g) The Plaintiff also claims interest at the rate of 15% per annum on all rents due and payable from the 1st of June, 2001 until judgment is delivered.

h) Or in the alternative to (g) the plaintiff claims mesne profit of N100,000.00 on rent due over the same period as in (g) above.

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