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YARDI
V.
SAIBARU

(2000) JELR 52129 (CA)

Court of Appeal 10 Jul 2000 Nigeria
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Case Details

Suit Number:CA/J/116/94
Judges:JOSEPH JEREMIAH UMOREH, JCA (Presided) CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JCA ISA ABUBAKAR MANGAJI JCA (Read the Lead Judgment)
Counsel:Appellants absent and unrepresented. -*- D. B. Dodo, Esq. for the Respondents.

MANGAJI JCA (Delivering the Lead Judgment): The Appellants, herein as Plaintiffs in the Court below, took out a writ of summons against the Respondents, as Defendants, claiming the following reliefs:- “N72,310.00 (Seventy Two Thousand, Three Hundred and Ten Naira only) special damages, being the estimate value of the crops of the Plaintiff which were destroyed by the defendants.

N5,000.00 (Five Thousand Naira only) general damages for trespass to the land of the Plaintiffs’ enjoyment of the said lands.”

A perpetual injunction restraining all the defendants, their servants, agents and/or assigns from trespassing or further trespassing and/or interfering with the Plaintiffs enjoyment of the said lands.” On 19/7/89, when the suit came up for mention, the Defendants denied liability, wherein pleadings were accordingly ordered. Consequently, pleadings were filed and exchanged and issue, having been joined, the matter proceeded to trial. In the course of trial, however, the Defendants amend…

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