ELDER MONDAY AGWALOGU & ORS V. TURA INTERNATIONAL LIMITED NIGERIA & ORS

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Abia State sitting at Osisioma (hereinafter referred to as the lower Court), delivered on the 6th day of July, 2009 by Hon. Justice I. N. Akomas, J. in Suit No: HOS/72/2008.

The suit from which this appeal emanated, was commenced by the plaintiffs/appellants vide a writ of summons filed on the 27th day of June, 2008, wherein the plaintiffs/appellants sought for the following reliefs:

1. Plaintiffs claim from the defendants in punitive General Damages the sum of N10 Billion Naira for General inconveniences, acid rain, pollution of the land and rivers, loss of water rights or hardship to the population who has been deprived of the right to self sustenance, education and good life.

2. SPECIAL DAMAGES THE SUM OF N340,100,000.00 as follows:

a. The sum of N332,587,257.50 being compensation or direct economic losses and remedial measures as a result of the diversion …