(2018) JELR 39036 (CA)    

Court of Appeal  ·  CA/J/214/2009 ·  25 Jan 2018 ·  Nigeria
JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
1st respondent
grounds of appeal
general damages
2nd respondent
senior counsel
high court of benue state
open market
benue state landlord
2nd appellant
assets of mission house
special damages
amended notice of appeal
award of the sum of n1
incompetent grounds of appeal
invasions of the 1st respondents premises
order of this court
yearly tenant
1st defendants
1st respondents part of the property
agents of the appellants
agreement of counsel
asogwa v p.d.p.
briefs of argument
case of the 1st respondent
counter-claim of the appellants
credible evidence
decision of the trial court
defence counsel
destruction of the 1st respondents
due process of law
facts of the case
fantastic award of n645,676.08
favour of the 2nd appellant
following issues
judgment of the high court of benue state
koya v united bank
leading judgment
open court
said premises
special damages of n10,448
stand point of the 1st respondent
sum of n10,448,830.00
total value of the assets
virtue of a tenancy agreement
way of a notice of appeal
witnesses pw

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): The appeal, the subject of this judgment, is against the judgment of the High Court of Benue State sitting at Makurdi (the trial Court) coram: E. Eko, J, (now JSC) in Suit No. MHC/143/2001 delivered on 25/6/2004. In the judgment, the trial Court found the appellants and 2nd respondent (qua 2nd, 3rd and 1st defendants, respectively) jointly and severally liable for trespass and destruction of the 1st respondents (qua plaintiffs) properties. The trial Court consequently awarded the sum of N10,448,830.00 (special damages) and N1,000,000.00 as general damages for the trespass (specifically two invasions of the 1st respondents premises by them). The trial Court dismissed the counter-claim of the appellants.

It is pertinent to state the facts of the case that sired this appeal. From the stand point of the 1st respondent, the 1st respondent was a yearly tenant occupying a part of the property situate at No. 87 Iyorchia Ayu Road, Mak…

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