STIRLING CIVIL ENGINEERING NIGERIA LTD.
V.
YAHAYA
·
SALAMI, J.C.A.(Delivering the Leading Judgment): This is an appeal against High Court of Justice, in the Zaria Judicial Division, awarding the plaintiff the sum of N500,000.00 as general damages and costs assessed at N500,000.00.
The defendant was dissatisfied with the judgment and has appealed to this court on one original ground and with the leave of court an additional ground of appeal was added. The two grounds of appeal read as follows:-
"(1) The Learned Judge erred in law when he awarded the sum of N500,000.00 to the plaintiff as general damages after he held that the claim for trespass and the destruction of economic trees failed.
PARTICULARS:
(a) Having refused the claim of N5,000,000.00 for economic trees he cannot thereafter award N500,000.00 general damages for trespass, loss of use and mischief done to the economic trees.
(b) The Judge having held that, the plaintiff has not proved his claim for N5,000,000.00 general damages for trespass, loss of use and mischief done to t…