<p><strong> OYEWOLE JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of the High Court of Cross River State, sitting at Ogoja Judicial Division delivered on 2 May 2012.</p><p>The appellant had approached the court <em> via </em> a writ of summons seeking the following reliefs against the respondent contained on pages 16 17 of the record of appeal as follows: 1. A declaration that the action of the defendant of discharging chemical waste, poisonous substances, dust particles, hot bitumen, diesel, kerosene, waste asphalt, etc, is a breach of the duty of care owed the claimant, whose cassava farm is bounded by the defendant’s operational site and constitutes negligence. An order directing the defendant company to relocate her operational site from the present place where it is situated wherein bounded by the claimant’s farm to a different location, to abate the nuisance and avoid further damage to the claimant’s land and crops. The sum of N3,000,000.00 (three million naira) as damages wh…</p>