(1972) JELR 45876 (SC)    

Supreme Court  ·  SC.60/1970 ·  30 Mar 1972 ·  Nigeria
Other Citations
MESSRS DUMEZ (NIG.) LTD. v. OGBOLI (1972) 3 S.C. (REPRINT) 188 (1972) All N.L.R 244
IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES O. MADARIKAN Justice of The Supreme Court of Nigeria GEORGE S. SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
permanent crops
provincial engineer
defendant company
ministry of works
mr. ogunsanya
general damages
statement of claim
economic trees
ground of appeal
palm trees
rubber trees
building lines regulation law cap
farm crops
high court
independent evidence of enumeration
large quantity of the plaintiff
laws of the western region of nigeria
road implements
special damage
value 5pounds
accepted evidence
aforesaid land of the plaintiff
ambit of section
centre of the old existing road
controller of works services
district engineer
end of the case
feet of the centre line of such road
leading judgment
matter of law
national motors
new otulu-illah road
parcel of land
particulars of damages
provisions of the building lines regulation law
refusal of the award of general damages
road construction
said controller of works service
said district engineer
sum of 565pounds
total special damage 495pounds
trial of this action
western nigeria government contract
western region of nigeria

LEWIS, J.S.C (Delivering the Leading Judgment): In Suit A/3/66 in the High Court at Agbor, the plaintiff claimed damages in the sum of 565pounds for trespass which he alleged in his writ the defendants committed about March, 1965, at Issele-Azagba in Otulu village and adjoining the new Otulu-Illah road and there "used their road implements and destroyed a large quantity of the plaintiff's farm crops and economic trees." Paragraphs 4, 5 and 6 of the Statement of Claim read:-

"4. The defendant Company undertakes road construction and road repairs as one of its major duties.

5. The Plaintiff has been farming on the aforesaid piece or parcel of land since November, 1929, and right from that time planted and owned palm trees, kola nut trees, banana trees, rubber trees and also owned Iroko trees on the land.

6. On or about March, 1965, the Defendant Company in course of their duty entered into the aforesaid land of the Plaintiff and used their road implements and destroyed a large quantity …

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