U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): The Court of Appeal, Benin Division, dismissed the appellant's appeal against the decision of Warri High Court Bendel State (now in Delta State). The judgment of the High Court was delivered by Uwaifo, J(as he then was) on the 5th day of February, 1985.
The suit was filed by the Catholic Bishop of Warri Dioceses against the appellant claiming for the following reliefs:
"(a) The sum of N100,000.00 (One Hundred Thousand Naira) being special and general damages suffered by the plaintiff when in the month of April, 1977, and thereafter the Defendant by himself and or his agents broke and entered onto the land of the plaintiff (Catholic Mission) lying and situate along Warri/Sapele Road by Bowen Avenue, Warri within the jurisdiction of this Honourable Court without the consent of the plaintiff and against his will and thereby damaged and or destroyed the plaintiff's fence, cash crops, sugar cane, etc., and started to construct a build…