OMAGE JCA (Delivering the Lead Judgment): This appeal is against the judgment of the Federal High Court sitting in Port Harcourt, coram Olayiwola J. The judgment was delivered on 5th November, 2002. The plaintiffs in the suit were dissatisfied with the judgment of the said court and have filed this appeal.
These are the facts of the case in the court below. By a writ of summons raised in the said High Court the plaintiffs who are four in number sued the defendant, Wilbros Nigeria Ltd., for the sum of one million naira by reason of the averments that the tugboat of the defendant, M.V. Captain Price while moving at a speed (sic) at about 7 p.m. on 2nd day of July, 1988 at Kalaibiama creek caused the plaintiffs’ fishing boat to sink, thus causing loss to the plaintiff on which the 1st plaintiff testified as follows: “(1)
(2 ) One canoe at Eight bundles of fish net at the cost of N 25,000.00
N10, 000.00 totalling N 80,000.00
(3 ) Fishes in the canoe worth N 5,500.00
A (4) Rope worth N 2,000.…