Universal Trust Bank Of Nigeria V. Fidelia Ozoemena (2007)

LAWGLOBAL HUB Lead Judgment Report

A. KALGO, J.S.C

By a writ of summons issued out of Onitsha High Court by the respondent as plaintiff, she claimed against the appellant as defendant, the sum of N2,000,000.00 (two million naira) being special and general damages for nuisance and negligent destruction of her landed property and materials by the defendant.

Pleadings were ordered, filed and exchanged between the parties. Paragraph 14 of the respondent’s (plaintiff) statement of claim, which sets out the particulars of claim read:

“14. WHEREFORE the plaintiff has suffered damage and claims against the defendant the sum of N2,000,000,00 (two million naira) being special and a general damages for the nuisance and negligent destruction of her property and materials by the defendant.”

Particulars of special and general damages:-

“(a) Special damages:-

1. Cost of 15 bundles of corrugated iron sheets N75.000.00
2. Cost of 50 planks of timber N10,000.00
3. Cost of 50 sheets of asbestos and

ceiling boards N15,000.00

4. Cost of 10 door frames N10,000.00

Total N 110,000.00

(b) General damages:-

1. Estimated cost of rebuilding the house N1,700,000.00
2. Loss of earning in rent and other

inconveniences N190.000.00

Total N2,000,000,00”

The appellant (defendant) denied all the claims of the respondent and in paragraph 16 of its statement of defence averred as follows:

“16. The defendant vehemently denies paragraph 14 of the statement of claim and states that it is not liable to pay N2,000,000 (two million naira) to the plaintiff as categorized in the said paragraph 14 and will urge the court to dismiss the plaintiff’s action as it is frivolous and an abuse of court process.”

At the trial, the respondent gave evidence as PW1 in support of her case and called two witnesses. The appellant called two witnesses in defence.