CORAM

---

SYLVESTER UMARU ONU JUSTICE,SUPREME COURT

UMARU ATU KALGO JUSTICE, SUPREME COURT

AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT

NIKI TOBI JUSTICE, SUPREME COURT

DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT

---

PARTIES

---

STIRLING CIVIL ENGINEERING (NIG) LTD APPELLANTS

---

RESPONDENTS

---

AREA(S) OF LAW

---

---

SUMMARY OF FACTS

The trial court found that the respondent proved trespass to land but did not prove the particulars of damages to economic trees but nevertheless awarded damages loss of use and mischief done to the economic trees planted on the land.

---

HELD

---

The court held that the award of damages was wrong because loss of use is in the nature of special damage which must be particularized and proved.

---

ISSUES

---

1. Was the inclusion of loss of use in the award of general damages of N500,000.00 for trespass, loss of use and mischief by the trial court an accidental slip?

2. Whether the Court of Appeal was right to hold that the appeal was not competent because the particulars stated in support of the ground of appeal did not relate to the said ground?

---

RATIONES DECIDENDI

---

CASES CITED

---

1) M.C. Cauphy V. Stringer (1947) 1 Ir. 73,
2) Adams and Harvey Ltd v International Maritime Supplies Ltd (1967) 1 W.L.R. 445, (1967) 1 ALL E.R. 533,
3) Orukunkpor v Itebu & ors 15 W.A.C.A 39
4) Aja v Okoro (1991) 7 N.W.L.R. (Pt.260) 273,
5) Madagwa v State (1988) 5 N.W.L.R. (Pt.92) 60

---

STATUTES REFERRED TO

---

NONE

---

CLICK HERE TO READ FULL JUDGMENT