OBADINA JCA (Delivering the Lead Judgment): This is an appeal against the decision of the High Court of Nasarawa State sitting in Lafia contained in the judgment delivered on the 4th of November, 1999. At the trial court, the appellant was the defendant while the respondents were the plaintiffs.
In paragraph 45 of the statement of claim the respondents, as plaintiff claim jointly and severally from the defendant/appellant the sum of N2,366,020.00 (two million three hundred and sixty-six thousand, twenty naira) being special and general damages as follows:-
“(1) SPECIAL DAMAGES
The value of the Divine Life
Church building N2,366,020.00
GENERAL DAMAGES
Trespass 150,000.00
Nuisance 150,000.00 Total N2,366,020.00
Perpetual injunction restraining the defendant, its servants, agents or privies from further acts of trespass on the plot or continuous use of the road illegally and unlawfully constructed on the 1st plaintiff’s premises.” The defendant/appellant, with the leave of the trial court …