Before Their Lordships
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
AMIRU SANUSI Justice of The Supreme Court of Nigeria
AMINAAUGIE Justice of The Supreme Court of Nigeria
EJEMBI EKO Justice of The Supreme Court of Nigeria
PAULADAMU GALINE Justice of The Supreme Court of Nigeria
SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
Between
1. MOSES BENJAMIN
2. MR. WILLIAM JOSHUA
3. MR. OCHEMIEBIA KUROMIEMA (FOR THEMSELVES AND ON BEHALF OF GOBO FAMILY OF ABULOMA TOWN, PORT-HARCOURT CITY LOCAL GOVERNMENT AREA, RIVERS STATE)
AND
1. ADOKIYE KALIO
2. MR. JUSTICE KALIO (FOR THEMSELVES AND AS REPRESENTING THE BENEFICIARIES OF THE ESTATE OF RE
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EKO JSC(Delivering the Lead Judgment) : The appellants herein were also the appellants at the Court of Appeal, sitting at Port-Harcourt (hereinafter called the “lower court”). The said lower court, after hearing the appeal of the appellants against the decision of the Rivers State High Court in the suit No. PHC. 169/ 95, dismissed the appeal on all the issues, except issue 5 on whether the general damages awarded were excessive. The lower court affirmed the decision of the trial court on all the other issues. The lower court, however, “reduced the quantum of general damages awarded to the respondents” by half. That is, it ordered that the sum of N750,000.00 (seven hundred and fifty thousand naira) instead of N1,500,000.00 (one million five hundred thousand naira) awarded by the trial court, was “sufficient for general damages to the respondents for the trespass, continued trespass and defame of their character committed by the appellants”.
The appellants have further appealed to this court. All the issues they have submitted for the determination of this appeal are erected on the concurrent findings of facts and the exercise by the lower court of its discretion. The two issues are: Whether the respondents proved their claim at the trial court to warrant the order of the Court of Appeal affirming the decision of the trial court; 2. Whether the lower court is justified in awarding the sum of N750,000.00 (seven hundred and fifty thousand naira) as general damages for trespass against the appel ants.
