(1977) JELR 49360 (SC)    

Supreme Court  ·  SC.392/1975 ·  16 Dec 1977 ·  Nigeria
Other Citations
LAR v. STIRLING ASTALDI (Nig) Ltd. (1977) 11-12 S.C. (REPRINT) 42
ATANDA FATAYI -WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
general damages
barbed wire
evidence of the plaintiff
guava trees
economic trees
sum of n400.00
wire fence
barbed wire fence
orange trees
soft rock
statement of claim
sum of n12,000.00
civil engineering
conclusive proof
destroyed land
face of this finding
farm citrus trees
fernhurst builders
first year of full yeilding of fruits
following awards
former benue plateau state of nigeria
leading judgment
main complaints
mr. bonkat
owner of a farm
particular circumstances of the case
particulars of claim
particulars of special damages
particulars of these damages
plaintiff ought
points of facts pictures
productive year
respect of the destruction of the barbed wire fence
said benue plateau state
said farm
sum of n147,066.60
trial of this action urge
unimpressive evidence
view of the damage
waste land
white of midhurst ltd.
yearly values

FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): According to his particulars of claim, the plaintiff, (now appellant) is the owner of a farm called Dinging Farm which is an orchard farm at Langtang in the former Benue Plateau State of Nigeria. He had on the farm citrus trees which were yielding fruits. Between the months of October, 1971, and July, 1972, the defendants (now respondents), a firm of engineering and building contractors, while engaged in the construction of the Amper-Shendam Road in the said Benue Plateau State, by their servants and agents, committed acts of trespass on the plaintiff's farm. Although the farm was fenced round with barbed wire, the defendants broke into and entered the farm with their caterpillars, tractors and bulldozers and destroyed the trees growing therein.

The plaintiff also complained that on diverse dates within the same period, the defendants by their said servants and agents wrongfully committed waste in the said farm by "felling, lo…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login