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ADDAX PETROLEUM DEVELOPMENT (NIG.) LTD V. CHIEF I. IBEH & 50 OTHERS

(2007) JELR 52387 (CA)

Court of Appeal  •  CA/PH/123/04  •  28 Mar 2007  •  Nigeria

Coram
ISTIFANUS THOMAS JCA (Presided) BODE RHODES-VIVOUR JCA (Read the Lead Judgment) IBRAHIM MOHAMMED MUSA SAULAWA JCA

Judgement

RHODES-VIVOUR JCA (Delivering the Lead Judgment): The respondents were the plaintiffs at the court of first instance, the Federal High Court, Umuahia Judicial Division. They are farmers in possession of an area of farmland in Izombe, Oguta Local Government Area of Imo State. The appellant was the defendant in the court below. It is an oil and gas company. It keeps waste petroleum products on a piece of land very close to the plaintiffs’farmland. On or about the 5th of February, 1997 the defendant’s employees set fire to the waste petroleum products on the defendant’s land. The fire spread and caused serious damage on the farms and properties of the plaintiffs. The plaintiffs sued the defendant on a writ of summons accompanied by statement of claim, claiming N26 million as special and general damage for destruction to their economic trees, farm houses and farm produce. On being served with the originating process, the defendant filed a preliminary objection on the grounds that the cour…

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