The respondent was the plaintiff before the Benue High Court. He was the owner of a piece of land covered by Certificate of Occupancy No. BP 1503. The land is situate along J.S. Tarka Way. Gboko. The respondent built a single storey house on the land. He later constructed an extension to the building.

In November, 1984, the Task Force on Environmental Sanitation for Gboko Local Government Area observed that some buildings in Gboko Town had encroached on the streets and sanitary lanes. The Task Force decided to demolish the buildings. The house of the respondent was one of the buildings earmarked for demolition. The respondent received a letter dated 15th November. 1984, from the Task Force notifying him that his house was earmarked for demolition.

On receiving the letter, the respondent went to the High Court, Gboko and filed a suit against the Task Force. He applied also for an injunction to restrain the Task Force from demolishing his house pending the determination of the suit. Before the High Court granted the prayer for the injunction it got a letter served on the Task Force directing the committee not to demolish the building of the respondent pending the hearing of a suit he filed against the Task Force. On receiving the letter of the High Court. The Task Force Committee resolved not to demolish the house of the respondent until the matter in court was determined.

Mr. Odiba, the first appellant, in this appeal was the sole Administrator of Gboko Local Government in November, 1984. When information reached Mr. Odiba that the Task Force had resolved to obey the Order of the High Court restraining it not to demolish the house of the respondent he visited the office of the Task Force and told the members of the Committee that the demolition should go on, the High Court's Order notwithstanding.

Thereafter, the 1st appellant secured a bulldozer, went and identified some buildings earmarked for demolition, including the house of the respondent and ordered the structures to be demolished The respondent went to court and filed a claim for N1,470,407.00 being general and special damages against the 1st appellant for the demolition of his property along 5. Tarka Way, Gboko. The 2nd appellant was later joined in the suit.

Pleadings were called and delivered. At the completion of the hearing the learned trial Judge, Utsaha J. entered judgment in favour of the respondent and awarded him N313,033.50 as general and special damages. The appellants appealed to the Court of Appeal against the decision of the High Court. The Court below dismissed the appeal. It however found that the claim for N30.000.00 as special damages for loss of use of the premises was not established before the trial High Court. It therefore allowed the appeal against that award.

Dissatisfied with the decision of the Court below the appellants filed this appeal.