7UP BOTTLING COMPANY PLC V. CELESTINE UGWU & ORS

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Enugu State delivered by Hon. Justice F.K. Ezeike on 30/3/2010. The Respondents as Plaintiffs sued the defendant at the High Court via their amended statement of claim dated 21/12/07 and claimed the following reliefs:-

(a) An order of perpetual injunction restraining the defendant, by itself, agent, servants or privies from further allowing waste and effluents to flow into the plaintiffs said farmland in Ibute Uwani, Ameke, Ngwo in Udi L.G.A of Enugu State.

(b) An order of Court compelling the defendant to rehabilitate the plaintiff destroyed farmland, re-channel its waste water through concrete tunnel to any all season water.

(c) Payment by the defendant to the plaintiffs compensation for the destruction of their farmlands, crops and other economic trees assessed and fixed at N69, 360, 750.00 (Sixty Nine Million, Three Hundred And Sixty Thousand, Seven Hundre…