Itomo Emori Emori V. Mr. Efoli Esuku (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of cross River State sitting at Akamkpa. The Appellant as plaintiff filed a suit against the defendant now Respondent and claimed as per the writ. The plaintiff’s claim against the defendant is for the sum of N13, 104,000.00 being special and general damages for trespass.

Particulars of special damages

I. 91/2 drums (93.20) litres rubbers) of palm Oil belonging to the plaintiff; N279, 000.00

II.30 tons of palm fruits belonging to the plaintiff. N450, 000.00

III 250 head pans of palm fruits belonging to Mr Oruk Egbai; N150, 000.00

Michael Sampson Etukudo & Anor

V.

Imo James Udoakagha

IV. 15 tons of palm fruits belonging to Hon. Mary James Akpe N225, 000.00

V. Loss of profits N1, 000,000.00

VI. Psychological trauma suffered N1, 000,000.00

In response the Respondent in his defence filed a statement of defence which was later amended. The Respondent filed his amended statement of defence with his counter-claim. In it the Respondent counter-claimed as follows:

“1. By way of counter-claim the defendant repeats paragraphs 1-14 of the statement of Defence.