Mngunengen Gege V. Veronica Nande & Anor. (2006)

LawGlobal-Hub Lead Judgment Report

TSAMIYA, J.C.A.

By a writ of summons issued out of the Gboko Division of the High Court of Justice, Benue State, the plaintiffs (here in this appeal referred to as respondents) claimed against the defendant (here in this appeal referred to as appellant) the following reliefs:

a. A declaration of the said plot of land No. 400, measuring 100 Ft x 50 Ft lying and situate at Gboko West.

b. The sum of N 34,250 being special and general damages.

Particulars

i. N4,250 special damages beings the cost of the purchase of 50 bags of cement at N50.00 per bag and the cost of molding 2,500 blocks of cement at 70 kobo per block being 50 blocks per bag of cement.

ii. N30, 000.00 general damages.

At the High Court of Justice of Benue State (there in this appeal referred to as the trial court) parties filed, delivered and exchanged pleadings, which were later amended.

By the amended statement of claim, in paragraph 17, the plaintiffs claimed the following reliefs:

a. A declaration (in favour of the plaintiffs) of a title to the said plot of land in dispute No. 400 located at Gboko West and covered by the Local Government Certificate of Occupancy No. 09154 in the name of the 2nd plaintiff.

b. The sum of N34,250.00 being special and general damages.

Particulars of damages

1. N4,250.00 special damages being the cost of purchase of 50 bags of cement at the cost of N50.00 per bag, and the cost of molding 2,500 blocks of cement at 70 kobo per block; being 50 blocks per bag of cement for 50 bags thereof all as at 1989.

Further particulars

1. N2,500.00 being the cost of 50 bags of cement at the rate of N50.00 per bag of cement as at 1989.

ii. N1,750.00 being the cost of moulding 2,500 cement blocks at the rate of 70 kobo per block .