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MR. BAYO AYADI & ORS v. MOBIL PRODUCING NIGERIA UNLIMITED

(2016) JELR 41309 (CA)

Court of Appeal  •  CA/K/162/2013  •  26 May 2016  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; AMINA AUDI WAMBAI JCA;

Judgement

IBRAHIM SHATA BDLIYA, JCA (Delivering the Leading Judgment): By an Amended Statement of claim filed on the 5th of September 2005, the appellants (as plaintiffs) claimed against the respondent (then defendant) the sum of Forty-four million six hundred and ninety six thousand naira only (₦44,696,000.00) being special and general damages caused to them by the respondent's oil spill of February-March 1998 while carrying out their fishing activities. At the trial, the appellants called four (4) witnesses and tendered documents which were admitted as Exhibits A-H. The respondent called six (6) witnesses and tendered documents which were admitted as Exhibits J and K". Learned counsel to the parties filed written addresses which were accordingly adopted. The learned trial Judge of the Federal High Court, Kaduna Division, (the lower Court) delivered his judgment on the 24th of April, 2012, wherein the claims of the appellants were dismissed in its entirety. Aggrieved by the decision of the low…

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