James Mtom Pever V. Woii Bernard Adaa (1998)

LawGlobal-Hub Lead Judgment Report

EDOZIE, J.C.A.

In suit No. GHC/37/93 filed on 12/5/93 before the Benue State High Court sitting at Gboko, the respondent who then was the plaintiff sued the appellant as 1st defendant and the Gboko Local Government Council as the 2nd defendant. The claim against the latter was discontinued in the course of the trial. The parties filed and exchanged pleadings which were subsequently amended with the leave of the court below. In the amended statement of claim, the plaintiff in paragraph 19 thereof sought reliefs as hereunder set out:

“19 Whereof the plaintiff claims against the defendant as follows:

(a) A declaration of title to plot No 1883 Gboko South which the defendant calls plot No 2489 Gboko South.

(b) An order declaring the defendant a trespasser on the plaintiff’s plot No 1883 Gboko South.

(c) An order ejecting the defendant from the plaintiff’s plot No. 1883 Gboko South.

(d) An order of perpetual injunction restraining the defendant, his agents, or privies, assigns, servants or whosoever claiming from or through him from further trespassing upon the plaintiff’s plot no. 1883 Gboko South or from dealing with the said plot in any manner adverse to the right and interest of the plaintiff.

(e) Special Damages

(i) Cost of the two thatched buts demolished by the defendant N8,000.00

(ii) Cost of well filled up with sand by defendant 4,000.00

(iii) Value of the two mango trees vandalised by the defendant 8,000.00

General damages N200 000.00

Total N220,000.00”

At the trial the plaintiff gave evidence and called four other witnesses to testify in support of his case. The defendant also gave evidence with a lone witness.