HON. (NZE) HYGINUS J.C. OGBIRI & ANOR V. NIGERIA AGIP OIL COMPANY LIMITED

EJEMBI EKO, J.C.A (Delivering the Leading Judgment): The Appellants were the Claimants at the High Court of Rivers State in the suit no. OHC/5/98. The Respond was the defendant in the said suit. In the judgment of the trial court delivered on 5th June, 2007 by Hon. E. Teetito J., the suit of the claimants was dismissed in its entirety. On 11th June, 2007 the Appellants lodged their appeal against the said judgment on four (4) grounds or appeal.

1. The learned trial Judge erred in law when he wrongly held that the plaintiffs did not plead and Prove particulars of negligence in their statement of claim and thereupon proceeded to dismiss the claims against the defendant for destruction of their crops at Kowu-Owuru farmland.

2. The learned trial Judge erred in law in refusing to award special damages to the plaintiffs having already held that the evidence of PW.2 and PW.3 who were expert witnesses were not contradicted or shaken under cross-examination by the defendant.

3. The learned tri…