MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice F. O, Aguda-Taiwo delivered on 21st October 2010 in the Ore Judicial Division of the High Court of Ondo State.
By a Writ of Summons of 26/9/2007 followed by a statement of claim of 2/11/2007, the Respondent as 1st Plaintiff claimed against the Appellants as defendants as follows:
(a) A declaration that the execution of the judgment in Suit No. ORCC/87/2004 at the 1st Plaintiffs premises at kilometer 100 Lagos- Benin Express Way on 24th day of September 2007 is unlawful, unconstitutional/null and void and of no effect and as such amounts to trespass.
(b) An order on the defendants jointly and severally to pay special and general damages to the 1st plaintiff as follows:
(i) N5000 per day special damages for Hotel accommodation for the two rooms the 1st Plaintiff and his household occupied at Philinneka Hotel, Benin-Lagos Express Way, Showboy with effect from 24th day of S…