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MR. FABIAN EKE v. MTN NIGERIA LIMITED

(2017) JELR 37922 (CA)

Court of Appeal  •  CA/E/383/2013  •  10 Jul 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment):This is an Appeal against the Judgment of the High Court of Ebonyi State delivered by Hon. Justice V. N. NWANCHOR on 23rd January, 2012.

By a Writ of Summons dated 9th July, 2007, followed by a Statement of Claim of 9th July, 2007, the Appellant as Plaintiff claimed against the Respondent as follows:-

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a) An order of the Honourable Court, for the Defendant to cease the contamination of the Plaintiffs water well and restitute it back to its original nature, or in the alternative, to provide constant clean drinking water for the Plaintiff within his premises of Amanvuru Amonye, Ishiagu, Ivo, Ebonyi State.

b) A perpetual injunction restraining the defendant from operating its Base Station at Amanvuru Amonye, Ishiagu, Ivo, Ebonyi State until an environmental impact assessment is conducted on that Base Station and its environ.

c) N15 Million Naira being general damages for loss of use of the Plaintiffs water well since August 20…

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