<p>TUNDE OYEBANJI AWOTOYE, J.C.A.(Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the defendant in Suit No. FHC/OW/CS/154/2011 against the decision of Federal High Court which sat at Owerri delivered on 19/01/2012.</p><p>The Claimants had instituted an action against the defendant claiming as per paragraph 17 of their claim thus:</p><p>WHEREFORE the claimants claim against the Defendant as follows:</p><p>(a) The sum of Ten Million Naira (N10,000.000.00) being fair and adequate compensation for the continuous loss of fishing rights on UTU-AGBO NGOZI Creek and adjoining Ponds and creeks.</p><p>(b) An order directing the Defendant to open the point of blockade or comply with investigation Report No. J2/6266/AGWE/MAIN/AR/WW/BLK/05/06/PAF/3923 within 6 months of delivering of judgment.</p><p>On service of the writ of summons on the defendant, it, by a Motion on Notice challenged the competence of the action on two main grounds:</p><p>1. The plaintiffs claim relates to an alleged injury suffere…</p>