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SOLEH BONEH OVERSEAS (NIGERIA) LTD.
V.
AYODELE & ANOR

(1989) JELR 42869 (SC)

Supreme Court 10 Feb 1989 Nigeria
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- The plaintiffs sued the defendants for trespass on their land and destruction of crops and trees. - The plaintiffs dropped their claims against the second defendant and proceeded against the first defendant only. - The trial judge dismiss

Case Details

Suit Number:SC.47/1987
Judges:ANDREWS OTUTU OBASEKI JSC CHUKWUDIFU AKUNNE OPUTA JSC SALIHU MODIBBO ALFA BELGORE JSC ABDUL GANIYU OLATUNJI AGBAJE JSC ABUBAKAR BASHIR WALI JSC
Counsel:Mr. B.A. Aiku For the Appellant; Professor S. A. Adesanya (with him, Chidi Nwoke and D.D. Ezeh) For the Respondent.
Other Citations:Soleh Boneh (Nig.) Ltd. v. Ayodele (1989) NWLR (Pt.99)549

WALI, J.S.C. (Delivering The Leading Judgment): The Plaintiffs' (suing in a representative capacity) claim against the Defendants as endorsed in the Writ of Summons is for-

1. The sum of N500,000 as special and general damages for trespass on the Plaintiffs' land at Bakatari, along Ibadan/Abeokuta Road and destruction thereon, cassava plants, palm trees and also digging and removing therefrom several yards of laterite.

2. Injunction restraining the defendants, their agents and/or servants from committing further acts of trespass on the said land.

Pleadings were ordered and filed. These were later amended. Before the actual hearing began, that is the taking of evidence of witnesses, the plaintiffs dropped their claims against the second defendant and his name was struck out. The case therefore proceeded against the 1st defendant only. In paragraph 15 of the plaintiffs' final amended statement of claim they gave the particular; of their claims as follows:-

"SPECIAL DAMAGE

(a) Value of …

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