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CaseLaw

Anyanwu Vs. Uzowuaka (2009) CLR 7(a)(SC)

Judgement delivered on July 3rd 2009

Brief

  • Special damages
  • Evaluation of evidence
  • Oral evidence
  • Order of injunction
  • Trespass
  • Proof of crime in civil proceedings
  • Pleadings

Facts

This action was commenced at the Port-Harcourt Judicial Division of the High Court of Rivers State on the 17th of January 1996 when the writ of summons was issued. The Plaintiffs sued for themselves and as representing the Sand And Gravel Dealers Union (Mile 3 Dump). They were the Respondents at the Court below' and are the Appellants herein. The Defendants were sued for themselves and as representing Drivers and loaders at Mile 3 Sand and Gravel Dump. They were the Appellants at the Court below and are the Respondents herein.

In their Statement of Claim dated and tiled on the 12/3/96 the Plaintiffs claimed against the Defendants Jointly and severally N700,000.00 (seven hundred thousand naira) being and representing special and general damages for trespass and willful and unlawful damage to building materials owned by the Plaintiffs left at their Dump in Mile 3 and which Dump the Respondents invaded. Particulars of special damages were given amounting to N454,000.00 and general damages amounting to N246,000.00. They also claimed perpetual injunction restraining the Defendants cither by themselves, their servants, agents, privies or personal representatives from continuing to stay at the Mile 3 Dump of Sand and Gravel Dealers Union and or building, constructing or planning to build stores and shades at the Plaintiffs' Dump at Mile 3.

The Statement of Defence and counter-claim was dated and filed on the 23/5/1996. In paragraph 9 of the counter-claim the Defendants claimed:

  • a
    That they are joint owners of the parcel of land allocated by the Bureau of Lands upon TOL, Temporary Occupation Licence.
  • b
    An amount of all rents collected from over 250 sheds at a rentage of N21,000.00 per month.
  • c
    Perpetual injunction restraining the Plaintiffs from alienating or developing the site without the approval of the other parties (Defendants).

    • There was no reply to the counter-claim.

    The 1st Plaintiff was the sole witness for the Plaintiffs' case at the trial. Four witnesses including the 3rd Plaintiff testified for the Defence. In its judgment on the 19/7/2000 the Plaintiffs' claim was allowed and N100,000.00 damages awarded against the Defendants for trespass, the claim for special damages was how ever refused on the ground that it was not specifically proved. Perpetual injunction was also granted. The Court held that the counter-claim failed woefully and it was dismissed.

    The appeal to the Court below was allowed and the judgment of the trial Court set aside. The counter-claim for the joint ownership of the land was allowed. The claim for rents in respect of the 250 sheds was however refused.

    The Plaintiffs/Appellants have therefore come on appeal to this Court.

Issues

Whether from the pleadings and evidence led at the trial the Appellants claim for...

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