Judgment
MUSLIM SULE HASSAN, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the decision of the Benue State High Court sitting at Makurdi delivered by Hon. Justice M. A. Ikpambese in Suit No. MHC/159/2011, on the 6th day of February, 2017, wherein the trial Court entered judgment in favor of the Plaintiff. The Appellant was the Defendant, while the Respondent was the Plaintiff at the trial Court. The Appellant being aggrieved with the decision of the trial Court had appealed against same to this Court.
The Record of Appeal was compiled and transmitted to this Court on the 28th of March, 2017. The Appellant’s brief was amended and same was filed on the 29th of December, 2021, while the Respondent’s brief of argument was filed on the 20th of January, 2022. The Appellant upon being served with the Respondent’s brief of argument, did not file any reply brief in answer on point of law to the Respondent’s submissions. At the hearing of the appeal, counsel to both Appellant and Respondent adopted their respective briefs.
The Appellant amended his notice of appeal, and the said amended Notice of Appeal which contains 10 grounds of appeal was filed on the 3rd of December, 2021. The Respondent who was Plaintiff at the trial Court commenced this suit by a writ of summons dated the 10th of May, 2011, and filed on the 11th day of May, 2011, which was issued to the Respondent who was tagged as defendant at the trial Court.
The reliefs sought by the Respondent against the Appellant by Paragraph 11 of the statement of claim accompanying the writ were amended and by paragraph 12 of Respondent’s amended statement of claim. The Respondent’s claims against the Appellant by paragraph 12 of his proposed amended statement of claim are as follows: a. An order for immediate payment of compensation to the tune of Twenty Six Million (N26,000,000) only for the unathourized acts of trespass and for the destruction of economic crops and other sundry valuables on the Plaintiff’s family land. b.
General damages in the sum of Five Million Naira N50000.00. TOTAL – Twenty-three percent of the compensation claimed for the delay in payment of same. c. Any other equitable or legal that will meet the justice of this case. See page 307 of the Record of Appeal.
