(2002) JELR 44537 (SC)    

Supreme Court  ·  SC.72/1997 ·  1 Mar 2002 ·  Nigeria
Other Citations
Maja v. Samouris (2002) 7 NWLR (Pt.765)78 (2002) 3 S.C 37
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria
Core Terms Beta
pecuniary damages
final judgment
provisions of order
civil procedure
trial court
high court of lagos state
present case
court of appeal
general damages
oral evidence
judgment of the trial court
learned trial judge
statement of claim
ume nnachi
amount of damages
statement of defence
decision of the court of appeal
default judgment
leading judgment
learned counsel
respect of a claim
rules of court
single issue
unliquidated damages
affidavit evidence of the plaintiff
a. i. iguh
award of damages
chief r. a. o. oriade
high court of justice
lagos state
liquidated demand
loss of earnings n200,000.00
order of the court of appeal
particulars of the damages
pecuniary damage
proof of such damages
rules of this court
said judgment
separate claims of n1,000,000.00
special damages
sum of n2,000,000.00

A. I. IGUH, J.S.C. (Delivering the Leading Judgment): The proceedings leading to this appeal were first instituted in the High Court of Justice, Lagos State. In that court, the plaintiff claimed against the defendant the sum of N2,000,000.00 (Two million Naira) being special and general damages for trespass and nuisance allegedly committed by the defendant on the plaintiff's Tomaro Island Jetty at Marine Road, Apapa, Lagos. The particulars of the damages claimed are averred in the plaintiff's Statement of Claim as follows:-

(i) Special Damages for loss of earnings N200,000.00

(ii) General Damages for Trespass N1,000.000.00

(iii) General Damages for Nuisance N800.000.00

Total N2,000.000.00

The defendant duly entered appearance as prescribed by the Rules of court but failed to file his statement of defence in the suit. Consequently, the plaintiff, by a motion on notice filed on the 28th day of January, 1994, prayed the court for an order pursuant to the provisions of Order 24 Rule 11 …

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