HARUNA SIMON TSAMMANI, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Benin Division, delivered on the 5th day of July, 2017 in Appeal NO.CA/89/2014.
By a 2nd Further Amended Statement of Claim which was filed on the 17/5/2012, the Appellants herein who were the Plaintiffs sought the following reliefs:
DECLARATION that the 1st claimant is entitled to the Statutory right of Occupancy to all that parcel of land lying and situate at No.8, Word of Faith Street, Boji-Boji Owa, at the junction of Word of Faith/Eluebo Street, Boji-Boji Owa.
One million Naira (N1,000,000.00) as special and General Damages for trespass.
(a) PARTICULARS OF SPECIAL DAMAGES
(i) Damaged 18 Oil palm trees at N4,000 = N72,000.00
(ii) Damaged 7 pear trees at N4,000.00 each = N28,000.00
(iii) Damaged (10) cashew trees at N5,000.00 = N50,000.00
(iv)Damaged high steel gate = N60,000.00
(v)60 bags of cement at N500.00 per bag = N30,000.00
(vi) Four (4) tipper loads of …