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OSUJI & ANOR.
V.
ISIOCHA

(1989) JELR 42927 (SC)

Supreme Court 23 Jun 1989 Nigeria
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- The plaintiff/respondent, who leased land from the defendants/appellants' father and erected a 15-bedroom house and a shed thereon, claimed general damages for the destruction of his shed by the appellants, who entered the land with thugs

Case Details

Suit Number:SC.231/1986
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria
Counsel:Chief Mike Ahamba (with him, P.C. Onumajulu) For Appellant Chief A.B.C. Egu For Respondent
Other Citations:OSUJI V. ISIOCHA (1989) 3 NWLR (Pt.111)623 (1989) 6 SC Pt II 158

WALI, J.S.C. (Delivering The Leading Judgment): The plaintiff claims against the defendants jointly and severally, general damages for malicious destruction of his building on the land leased to him by the defendants' father, situate at No.2 Owerri/Onitsha Road, Owerri (formerly known as No.1 Owerri/Onitsha Road). The plaintiff claims in paragraph 10 of his statement of claim as follows:-

"10. The destroyed building and shed cost the plaintiff about Sixty Thousand Naira (N60,000) to build and its present value before destruction was about One Hundred Thousand Naira (N100,000),"

and prays for the following relief in paragraph 11 of the Statement of Claim-

11. The plaintiff has suffered an unjust damage and claims from the Defendants jointly and severally N100,000 (One hundred Thousand Naira) being damages."

The defendants denied the plaintiffs claim. They filed a joint statement of defence.

At the conclusion of the trial the learned trial Judge (Chianakwalam) reviewed and considered th…

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