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MR. NEWMAN IGHEDO & ORS v. POWER HOLDING COMPANY NIGERIA PLC

(2018) JELR 42350 (SC)

Supreme Court  •  SC.151/2006  •  12 Jan 2018  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; OLUKAYODE ARIWOOLA JSC; CHIMA CENTUS NWEZE JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALINJE JSC;

Judgement

OLUKAYODE ARIWOOLA, J.S.C.(Delivering the Leading Judgment): This is an appeal by the plaintiffs at the Federal High Court being dissatisfied with the judgment of the Court of Appeal, Lagos division delivered on the 15th day of December, 2004 which set aside the judgment of Egbo-Egbo, J. earlier given on the 21st day of November 2000, and ordered the striking out of their claim in suit No.F.HC/B/157/96 on the ground that it was incompetent.

The appellants as plaintiffs had instituted an action for themselves and on behalf of Ekrusierho community in Ekakpoimre. By their writ of summons issued on 15/11/1996, they had claimed the sum of one hundred and fifty million Naira (N150,000,000.00) being compensation and for loss suffered as a result of pollution of their (Plaintiffs) stream. They had claimed in the alternative, the sum of one hundred and fifty million Naira (N150,000,000.00) being damages for nuisance, negligence and or breach of statutory duty.

The appellants case is that sometim…

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