NIGERIAN AGIP OIL COMPANY LIMITED V. PETER OGINI & ORS

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellant on 17/12/2006 to challenge the decision of Imo State High Court, Oru Judicial Division in Suit No HOU/22/2001 delivered on 4/12/2006.

The claim of the plaintiffs at the Lower Court as per paragraph 14 of their Amended Statement of Claim reads thus:

WHEREFORE the plaintiffs claim against the defendant the sum of two hundred and fifty million Naira (250,000,000.00) as fair, reasonable and adequate compensation and/or damages due and payable to the plaintiffs by the defendant for damages, deprivation and/or injuries to the plaintiffs rights in respect of their (plaintiffs) piece or parcel of land which situate and lying at Etekwuru Egbema in the Ohaji/Egbemi Local Government Area of Imo State of Nigeria resulting in loss of income from farming, palm produce, lumbering, animal husbandry, fishing and hunting etc.

PARTICULARS OF DAMAGES

a. N10,630,000.00 being c…