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 …