(1998) JELR 45539 (SC)    

Supreme Court  ·  SC.20/1992 ·  10 Jul 1998 ·  Nigeria
Other Citations
Odiba v. Azege (1998) 9 NWLR (Pt.566) 370 (1998) 7 S.C (Pt I) 79
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
task force
special damages
high court
learned trial judge
exemplary damages
court of appeal
leading judgment
learned counsel
conduct of the defendant
general damages
flagrant disregard of the law
said task force
conduct of the appellant
honourable attorney-general of benue state
learned judge
lower courts
resident state counsel
aggravated damages
award of special damages
benue state
concurrent findings of fact
demolished building
facts of the case
primary object of an award of damages
15th day of november
appropriate damages
aspects of the special damages
brother uthman mohammed
considered judgment
end of the trial
findings of the trial court
following issues
following particulars
local government sanitation task force
member of the said task force
obaseki j.s.c.
pages of a 34-page appellant
plaintiff letter no. glg
plaintiffs building
possession of the respondent
reason of the action of the appellant
respective counsel
said declarations
said suit
trial of the main suit
unlawful demolition of premises

MOHAMMED, J.S.C. (Delivering the Leading Judgment): This appeal is sequel to proceedings instituted in the High Court, Gboko, Benue State, whereby the respondent, Tule Azege, who was plaintiff in the High Court, claimed N1,000,000.00 (one million naira)against the appellant, Anthony Odiba, being special and general damages for the unlawful demolition of premises situate at Plot No. BN. 6763, along J.S. Tarka Way, Gboko, being in possession of the respondent.

The facts of the case have been given in the writ wherein the respondent as plaintiff averred as follows:

"1. On or about the 15th day of November, 1984 the Local Government Sanitation Task Force, Gboko, wrote to the plaintiff letter No. GLG/HEA/DHC/T/ENV/SANT/VOL.1/44 ordering the plaintiff to destroy his said premises and in the alternative threatening to destroy same.

2. The plaintiff on or about the 19th day of November. 1984, filed an action in the High Court, Gboko, seeking three declarations to the effect that the said tas…

There's more. Sign in to continue reading.

judy.legal 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