S.D. Lar V. Stirling Astaldi (Nigeria) Ltd (1977)

LawGlobal-Hub Lead Judgment Report

FATAYI-WILLIAMS, J.S.C.

According to his particulars of claim, the plaintiff, (now appellant) is the owner of a farm called Dinging Farm which is an orchard farm at Langtang in the former Benue Plateau State of Nigeria. He had on the farm citrus trees which were yielding fruits. Between the months of October, 1971, and July, 1972, the defendants (now respondents), a firm of engineering and building contractors, while engaged in the construction of the Amper-Shendam Road in the said Benue Plateau State, by their servants and agents, committed acts of trespass on the plaintiff’s farm. Although the farm was fenced round with barbed wire, the defendants broke into and entered the farm with their caterpillars, tractors and bulldozers and destroyed the trees growing therein.

The plaintiff also complained that on diverse dates within the same period, the defendants by their said servants and agents wrongfully committed waste in the said farm by “felling, lopping, topping and shrouding the economic trees”, such as orange, cashew and guava trees growing there; they also uprooted the wire fence and hedges around the farm and excavated portions of it leaving behind deep trenches, pits and holes.

Despite repeated demands by the plaintiff to the defendants to stop these various acts of trespass, the defendants refused to comply with the demand.

In view of the damage and loss suffered as a result, the plaintiff claimed from the defendants in the Benue/Plateau Judicial Division of the High Court of the former Northern States, the sum of N147,066.60 as special and general damages. The particulars of these damages are stated in paragraphs 6 and 7 of the Statement of Claim as follows: –

“6. PARTICULARS OF SPECIAL DAMAGES:

(1) 100 orange trees valued at = N66,666.60

(2) 50 guava trees ” = 36,000.00

(3) 30 cashew trees = 12,000.00

(4) Reclamation of excavated area

after the uprooting and destruction

of the said economic trees at = 12,000.00

(5) Cost of destroyed wire fence

and hedges = 400.00