HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal by the plaintiffs (hereinafter referred to as the Appellants) against the ruling of the High Court of Enugu State delivered by Hon. Justice A. R. OZOEMENA, in Suit No. E/3/2012 which was delivered on 13/02/2013. The 1st defendant/ hereinafter referred to as the 1st RESPONDENT had raised a preliminary objection challenging the jurisdiction of the trial Court to try the suit. The trial Court upheld the objection and struck out the suit
The appellants had approached the trial Court seeking the following reliefs:
a) A declaration that the 1st defendant has wilfully and persistently polluted the three well water of the plaintiffs, the only source of their water need.
b) The sum of twelve million, seven hundred and forty thousand naira (N12,740,000) being the amount spent by the plaintiffs for water needs of each of them, at the rate of five thousand naira (N5000) each of the 28 families per week from the mo…