Mr. Edward Daloba V. Esther S. Ripiye & Ors. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The Appellant as Defendant was sued by the Respondents as Plaintiff. The Plaintiff/Appellant claimed as follows:

(a) A declaration that the Defendant is a trespasser.

(b) A declaration that the 1st Plaintiff is entitled to statutory right of occupancy over the land in dispute.

(c) An order of perpetual injunction restraining the Defendant, his agents, privies, heirs, legal and personal representative from further acts of trespass on the land in dispute.

(d) N251,000.00 special damage being the cost of materials and work done on land that were destroyed by the Defendant.

PARTICULARS OF SPECIAL DAMAGES

1. 600 pieces of 9 inches block

at N45,000.00 per one (sic) N27,000.00

2. 3000 pieces of 6 inches

block at N40, 000 Per one (sic) N120,000.00

3. Transportation of the blocks at N18, 000.00
4. 10 trips of sand at N1200 per trip N12, 000.00
5. 3 trips of stones at N5, 000.00

Per trip N15, 000.00

6. Digging of the foundation N10, 000.00
7. Casting of the concrete N10, 000.00
8. 5 set of pegs at N500.00 per set N2, 500.00
9. 10 drums of water at N150.00 – N1, 500.00
10. Engineers labour N20,000.00
11. Wood Battens – N1,000.00
12. Transport to and from the site N1,000.00

TOTAL = N251,000.00

(e) N500,000.00 general damages for trespass.

(f) Cost of filing and prosecuting this case.

DATED THIS 30TH DAY OF APRIL, 2003.