MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The respondents as plaintiffs took out a writ dated 6th day of August 1998 at the Ogun State High Court claiming the sum of (N5,000,000.00k) Five million naira special and general damages against the appellant who being the defendant had allegedly, by the nuisance from the effluents and waste water discharged from its premises, caused economic loss to respondents' otherwise rich land, vegetation, landscape and stream at Ketebo. Respondents also prayed the lower court for injunction to restrain the appellant by itself, Directors, Officers, Servants and Agents from the committal of further acts of nuisance on respondents' farmland at Ketebo, Ota in Ogun State.
Pleadings were ordered, filed, exchanged and settled. From their pleadings and evidence, respondents' case is that appellant, a fabric manufacturing company at Ota, was discharging its effluents and waste water through pipes passed directly across respondents' farmlands to the pl…