The Respondent in this appeal, Raymond Ekwenem, doing business under the name and style, Rainbow Petroleum And Engineering Company, as Plaintiff sued the Appellants, Anambra State Environmental Sanitation Authority (hereinafter to be referred to as Asesa) Ignatius Njoku and Martin Ohaguluke both employees of Asesa, as Defendants before the High Court of Anambra State, Onitsha Judicial Division.

The Respondent's claimed at the trial Court for special and general damages for trespass, malicious damage assessed at N2,000.000 (Two Million Naira) or in the alternative an order of Court that the Defendants are ordered to repair and reinstate at their expense the filling station and damaged equipment.

The learned trial Judge dismissed the action against the 3rd Defendant while judgment was entered against the 1st and 2nd Defendants/Appellants jointly and severally for a total sum of N3,325,187.60 with interest on the judgment debt at 3% per annum with effect from 2/12 96 until the amount is fully paid.

Dissatisfied with the decision of the trial Court, the Defendants/Appellants appealed to the Court of Appeal which partially allowed the appeal. Still dissatisfied the Appellant appealed to the Supreme Court.