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Seismograph Services (Nigeria) Ltd. v. Robinson Kwavbe Ogbeni

(1976) JELR 42486 (SC)

Supreme Court  •  SC.39/1974  •  5 Mar 1976  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC CHUKWUWEIKE IDIGBE JSC ANDREWS OTUTU OBASEKI JSC

Judgement


A. O. OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): In the High Court of Justice of the Mid-Western State of Nigeria, holden at Ughelli, the plaintiff/respondent by his writ of summons taken out on the 22nd day of July 1971, claimed from the defendants/appellants "the sum of 1,000pounds (one thousand pounds) special and general damages for nuisance caused by the defendants, their servants or agent in the course of carrying out oil exploratory exercise of exploding the oil testing chemicals around the region of plaintiff's building which said explosion wrongfully caused or permitted excessive noise and vibration which damaged plaintiff's/respondent's building." Pleadings were ordered and delivered.

The case later came before Ogbobine, J., for trial. He heard the evidence of the plaintiff and his two witnesses as well as the evidence of the six defence witnesses who were called by the defendants. After hearing the address of counsel for the parties, he on the 27th day of Octobe…

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