Chief P. U. Ejowhomu V. Edok-eter Mandilas Limited (1986)

LawGlobal-Hub Lead Judgment Report

KARIBI-WHYTE, J.S.C.

The main issue involved in this appeal concerns the question whether the Court of Appeal was entitled to consider and indeed determine the appeal on an issue not before it. The determination of this appeal rests entirely on the answer to this question.

Appellant, the Plaintiff in the High Court, Benin City brought an action claiming against the Respondents as defendants as follows:

“…….. the sum of N176,RR6.45 (One hundred and seventy six thousand, eight hundred and eighty six naira, forty five kobo) being special and general damages peculiar to the Plaintiff and suffered by him in his peculiar circumstance as the owner of Puejo-Edaff Poultry farm resulting from the nuisance and/or unlawful damage caused by the defendant in that during the substantial part of the month of July 1982, the defendant deliberately, wrongfully and/or negligently damaged and/or rendered impassable to vehicular the Kokori Inland to Oko Idgerhe section of the Kokori Inland-Eku Road, along which the Plaintiff’s Puejo-Edaff Poultry farm aforesaid lies and situate in Okori Village Kokori inland of Aghon clan…..”

The particulars of special damages were set out in the statement of claim as follows:-

(a) 2,035 layers at N7 each. N14,245.00

(b) 1,000 seriously underweight layers

sold at N3.00 less the expected price 3,000.00

(c) Expected full lays of eggs by 2,035

dead birds i.e. 54 1/4 crates of eggs

(30 eggs in a crate) daily at N4 each

crate for 12 months 79,233.25

(d) Expected full lay of eggs for 1,000

birds which laid for 3 months only