PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court Delta State sitting in Bomadi by Justice P. J. O. Anigboro delivered on the 6th day of August, 2009 in Suit No. HCB/31/2009. In his considered ruling, the learned trial judge dismissed the appellant's motion on notice for an order striking out the name of the appellant from the suit and accordingly dismissing the entire suit.
The plaintiffs reliefs in the Lower Court are as follows:
1. A declaration that defendants did trespass to the plaintiffs Chartels (sic).
2. An order compelling the defendants to pay the plaintiff the sum of N100,000,000.00 (one hundred million naira) as special damages representing the cost of the properties destroyed.
3. An order compelling the defendants to pay the plaintiff the sum of N1,500,000.00 (one million, five hundred thousand naira) as legal cost of the action.
4. An order compelling the defendants to pay the plaintiff the sum N65,000,0…