Judgment
PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment) : This appeal is against the decision of the High Court of Federal Capital Territory, Abuja delivered on 2nd day of July, 2019 by HON. JUSTICE A. O. OTALUKA IN Suit No. FCT/HC/CV/695/2017 granting in part the reliefs sought against the Respondents by the Appellants. The Appellants as the Claimants had approached the lower Court claiming against the Respondents the following reliefs contained in their FURTHER AND BETTER STATEMENT OF CLAIM dated 8th March, 2018 and filed on 9th March, 2018 as follows:- i.
A declaration that the demolition and destruction of the Claimants’ recreational facilities on its premises located at Gimbiya Street, Garki, Abuja by the Defendants is unlawful and illegal, and a violation of the Claimants’ right. ii. A declaration that the Claimants are entitled to damages from the Defendants for the loss incurred by the Claimants as a result of the conduct of the Defendants. iii.
N19,330,000.00 (Nineteen Thousand, Three Hundred and thirty Three (sic) Thousand Naira) being special damages for the cost of landscaping, plumbing work, electrical works, inflatable devices and car ports destroyed by the Defendants on the Claimants’ park and recreational facility. iv. N10,000,000.00 (Ten Million Naira) being general damages for the pains and trouble caused the Claimants by the Defendants. v.
The cost of this action.” After exchange of pleadings, the matter proceeded to hearing and upon adoption of the Written Addresses of the learned Counsel to the parties the learned trial Judge gave considered judgment on 2nd July, 2019 as aforesaid and found in favour of the Appellants as follows:- “The Claimants herein have adduced credible evidence in proof of part of their claims; which evidence remained unchallenged and uncontroverted by the Defendants.
The Claimants have discharged the onus of proof placed on them by the law and this Court cannot but accept and act on the unchallenged evidence adduced by the Claimants. It is my finding, and I so hold, that the Claimants have by the evidence adduced before this Court, proved part of their claims against the Defendants, and are thus entitled to judgment in that regard. Accordingly, the Claimants’ case succeeds partly and judgment is entered for the Claimants as follows; 1.
