Anthony Odiba V. Tule Azege (1998)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J.S.C.

This appeal is sequel to proceedings instituted in the High Court, Gboko, Benue State, whereby the respondent, Tule Azege, who was plaintiff in the High Court, claimed N1,000,000.00 (one million naira)against the appellant, Anthony Odiba, being special and general damages for the unlawful demolition of premises situate at Plot No. BN. 6763, along J.S. Tarka Way, Gboko, being in possession of the respondent.

The facts of the case have been given in the writ wherein the respondent as plaintiff averred as follows:

“1. On or about the 15th day of November, 1984 the Local Government Sanitation Task Force, Gboko, wrote to the plaintiff letter No. GLG/HEA/DHC/T/ENV/SANT/VOL.1/44 ordering the plaintiff to destroy his said premises and in the alternative threatening to destroy same.

2. The plaintiff on or about the 19th day of November. 1984, filed an action in the High Court, Gboko, seeking three declarations to the effect that the said task force has no powers to order the plaintiff to destroy his said premises and seeking an injunction to restrain the task force from carrying out its threat to destroy the plaintiff’s said premises.
3. At the time of filing the said declarations and injunction, the plaintiff also filed a motion for interim injunction against the said task force restraining it in the interim from carrying out its said threat pending the trial of the main suit.
4. Even though the said suit and motion were fixed by the High Court for the 5th day of December, 1984, the High Court by letter No. GBD/65/84/1 dated the 20th day of November, 1984, admonished the said task force not to do anything on the premises of the plaintiff before the motion for interim injunction had been determined.
5. The Honourable Attorney-General of Benue State by letter No. MOJ/CIV/129/84 dated the 2nd day of November, 1984, also advised the said task force not to do anything to the plaintiffs said premises until the said motion for interim injunction had been determined.
6. The defendant is not a member of the said task force but performed the function of appointing members of the task force.
7. The defendant at all material times was aware of the said letters from the High Court and the Honourable Attorney-General of Benue State, respectively.
8. Without waiting for the said motion for interim injunction to be determined and in utter disrespect of the said letter from the High Court and in complete disregard of the said letter from the Honourable Attorney-General of Benue State, the defendant on or about Friday, the 23rd day of November, 1984, wrongfully entered the plaintiffs said premises situate at Plot No. BN 6763 along J.S. Tarka Way, Gboko, and unlawfully broke into and caused to be destroyed the plaintiffs building thereon and stock in trade therein contained.”

By reason of the action of the appellant the respondent filed this suit and claimed N1,000,000.00 (one million naira) being general and special damages as set out in the following particulars:

“(a) N200,000.00 being the value of the building destroyed.

(b) N20,000.00 for loss of use from 23/11/84 until judgment.

(c) N25,000.00 being value of destroyed Mercedes Benz 911.

(d) N4,500.00 being value of 25 trips of chippings.

(e) N18,640.00 being value of 900 crates of More beer.

(f) N300.00 being value of 11 bags of Locust beans.

(g) N1 ,012.50 being value of beans (IVE)”‘.

Pleadings were ordered and duly filed. The case was first heard by Anoliefo J of Benue State High Court, but half way during the hearing Utsaha J took over and started de-novo. Parties gave evidence and called witnesses. At the end of the trial the learned trial Judge, in a considered judgment, held as follows:

“The conduct of the defendant was not only oppressive but also reprehensible and bordered on an unwarranted use of governmental power. It deserves a measure of exemplary or aggravated damages.”