AKAAHS, JCA (Delivering the Lead Judgment): The respondent, who is the plaintiff in the substantive suit, took out a writ of summons in the Sapele High Court of Delta State in suit No. S/103/98, dated 7th day of October, 1998, claiming the following reliefs:- “The plaintiff is the proprietor of Imene-Eferakaye Medical Centre, New Eku Road, Amukpe. The 1st defendant is the Proprietor/Director of the 2nd defendant company which presently does the business of bottling and marketing of liquefied cooking gas. The plaintiff and the defendants areimmediate neighbours sharing a common boundary. Emission of noxious fumes/gases from the defendant’s operation over the period has constituted unbearable nuisance to the entire neighbourhood, including the plaintiff ’s medical outfit.
Furthermore, the said activities of the defendants have seriously exposed the plaintiff’s premises to great risk of gas poisoning, fire accident and probable loss of lives and properties, whose fear is being increasin…