MONICA B. DONGBAN-MENSEM J.C.A. (Delivering the Leading Judgment): This appeal challenges the decision of the High Court of Justice Borno holden of Maiduguri coram judice Isa Othman (J) (of blessed memory).
Upon the application of the Appellant as Plaintiff at the trial Court, two Suits; to wit BA/1/2003 and BA/2/2003 were consolidated into one and was heard as BA/1/2003. The two Plaintiffs in the two suits are Alh. Abba Asheik And Alh. Abba Kolo A. Asheik.
The relief's placed before the trial Court are stated in Appellant's amended statement of claim as follows:
9. Whereof the plaintiff claims from the defendants jointly and severally as follows:
a. A sum of N10,000,000.00 (Ten Million Naira) being general damages for trespass to plaintiff's properties No. BO. 43476 at Bama, Borno State.
b. A sum of N5,000,000.00 (Five Million Naira) being special damages for the cost of fencing the Property No. BO/43476 situate at Bama Town destroyed by the defendants/their agents or privies on 22nd…