MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated the 27/5/99 taken out of the Registry of the High Court of Akwa Ibom State at Eket, the Respondent had sued one Friday Dickson, (now deceased) and the two Appellants, his children, "for unlawful trespass and illegal acquisition of possession of the apartment occupied by the plaintiff without due legal process and seizure/damage of the plaintiff's personal belongings". It was further endorsed on the writ as follows:
"Wherefore the plaintiff claims against the defendants jointly and severally as follows:
N3 million as special and general damages for unlawful trespass, costs of property seized, damaged or exposed to heavy rains outside the apartment occupied by the plaintiff."
Eventually, in an amended statement of claim dated 20/2/07 filed on the same date, after the death of the Appellant's father, the Respondent had claimed as follows against the Appellants in paragraph 25:-
"25. WHEREFORE the p…