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NIGERIAN AGIP OIL COMPANY LIMITED V. JANYIM NIGERIA LIMITED OKPARA TIMOTHY WILLIAM JAMES PRINCEWILL IGILIBIODO (FOR THEMSELVES AND AS REPRESENTING UMU-UDIE FAMILY OF UKPELIDE IN AHOADA-WEST LOCAL GOVERNMENT AREA, RIVERS STATE)

(2014) JELR 53414 (CA)

Court of Appeal  •  CA/PH/240/2009  •  10 Jul 2014  •  Nigeria

Coram
MOHAMMED L. GARBA JCA (Presided and Read the Lead Judgment) EJEMBI EKO JCA STEPHEN JONAH ADAH JCA

Appearances
T. J. Krukrubo - for the Appellant. -*- A. A. Nnurum (with him, Matthew Thomas) - for the Respondents.

Judgement

GARBA JCA (Delivering the Lead Judgment): For themselves and representing the Umu-Udie family, the respondents had sued the appellant before the Federal High Court, sitting at Yenagoa, claiming the following reliefs:

a. A declaration that the plaintiff’s are entitled to payment of general damages or reasonable and adequate compensation for the losses and damages suffered by the plaintiffs in respect of the aforesaid spillage/pollution.

b. Fifty million naira (₦50,000,000.00) being general damages or reasonable and adequate compensation for the damages done to the plaintiffs’ fish ponds, lakes, fishing nets/gears/ fences, fishing rights economic crops/trees, farm crops/trees, swamps/stream, among others, in the imparted area by the aforementioned oil spillage/pollution.

i. Twelve and half percent interest per annum from the date of the suit until judgment.

ii. 10% interest per annum from the date of judgment until judgment debt is liquidated.

iii. An order directing the defendant to cl…

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