Facts:

The Respondent (as Plaintiff) via a Writ and Statement of Claim instituted an action against the Appellants (as Defendants) in the High Court of Akwa-Ibom, Uyo Division (trial Court).

The Respondent who is a tenant at No. 13, Obio Oko Street, Uyo, stated that on the 6th of February, 1985, he encountered 2 officials of the 6th Appellant, who had blocked his access into his compound with a coil of wire. He, therefore, instructed one of his employees to remove the coil of wire so that he can drive into the compound. Upon parking and alighting from the vehicle, the Respondent heard his employee and one of the 6th Appellant’s employees exchanging words, and while trying to step into the situation, a fight later ensued, wherein he was hurt by one of the officials of the 6th Appellants.

On the 7th of February, 1985, the Respondent went to lodge a complaint at the police station. On reaching home, he saw some staff of the 6th Appellant had disconnected the Respondent’s house, with the overhead cables and electric wires indiscriminately cut. The meters were also carried away. In view of this incident, the Respondent made a report to the police. Following the report, the 1st Appellant and a police officer visited the Respondent’s premises and electricity was restored to the premises.

Subsequently, the Respondent travelled for a couple of weeks. On the 6th of March, 1985, the Respondent returned from Lagos to discover that his premises had been disconnected again. Consequent to the disconnection of the Respondent’s power supply, the Respondent instituted this action and claimed damages.

The Appellants in defence argued that the Respondent’s premise was disconnected twice for 2 different reasons. The first time was Disconnection for Non-Payment of arrears (DNP), while the 2’d was Disconnection Pending Investigation (DPI).

At the trial, Court ordered that the Respondent be reconnected, and at the conclusion of the trial, the learned trial judge gave a judgment in favour of the Respondent jointly and severally against the Appellants for N78,000.00 as special and general damages.

Aggrieved by the decision of the trial Court, the Appellant appealed to the Court of Appeal against the decision of the Trial Court.