TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by claimant/ appellant against the decision of IMO STATE High Court sitting at Owerri delivered on 29/9/2014.
The claimant (now appellant) had instituted an action against the respondents claiming as per paragraph 23 of its amended statement of claim thus:
PARTICULARS OF SPECIAL DAMAGES
1. Steel structures on the land valued N3,000,000.00
2. Destruction of concrete floor valued N500,000.00
3. 2000 6 block N27,00 per block valued N54,000.00
4. 5 trips of sharp sand N3,000.00 per trip valued N15,000.00
5. Clearing of the site N7,000.00
SPECIAL DAMAGES N3,576,000.00
GENERAL DAMAGES N1,700,000.00
TOTAL N5,276,000.00
Wherefore the Plaintiff claims as follows:
A. A declaration that the Plaintiff is entitled to the statutory Right of Occupancy of Open Space No.5 Aladinma Prefab Phase II Layout Owerri by virtue of the lease hold Development and management agreement between the Imo State G…