Ratio DecidendiRatio DecidendiRatio Decidendi


(2000) JELR 44038 (CA)    

Court of Appeal  ·  CA/E/102/89 ·  13 Jul 2000 ·  Nigeria
Other Citations
Uzoechi v. Alinnor (2001) 2 NWLR (Pt.696)203
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
exhibit a
general damages
ancient footpath
power of attorney
evidence act
grounds of appeal
access road
quasi estoppel
special damages
brief of argument
respondents' land
issue of estoppel
portion of his land
okigwe road
provisions of section
respondents' concrete fence
trial court
amended statement of claim
appellant's case
attorney of the respondents
award of general damages
case of the appellant
claim of the appellant
claim of the respondents
concrete foundation
cross examination
deed of conveyance exhibit b.
deed of conveyance exhibit c
end of the trial
exchange of the said access road
facts of this case
finding of facts
judgment of the high court of justice
leading judgment
orji layout plan
pieces of land
plaintiffs land
possession of the area
reason of aforesaid conduct of the defendant
reply brief
respondent's land
side of the respondents
survey plans of the defendants
terms of the agreement
various points

AKPIROROH, JCA (Delivering the Leading Judgment): This is an appeal by the appellant in a consolidated suit Nos. HOW/50/80 and HOW/116/80 against the judgment of the High Court of Justice, Imo State sitting at Owerri delivered on 24th November, 1986.

The claim of the appellant as plaintiff in the court below is as follows:-

By reason of aforesaid conduct of the defendant, the plaintiff has suffered special and general damages.

(a) Cost of escavating the concrete foundation made by

defendant on plaintiffs land... ₦7,000.00

(b) Cost of hiring a tipper for 24 working days to remove

the concrete debris at ₦70.00 per day ... ₦980.00

(c) General damages ... ₦62,000.00




Wherefore the plaintiff claims against the defendant the sum of ₦70.00 being special and general damages for trespass committed by the defendant on plaintiffs land situate at Orji within jurisdiction.

The claim of the respondents in the court below is as follows:-

By reason of above premise the …

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