SEVEN UP BOTTLING CO. PLC. V. MRS. VERO OBAMWONYI UYIGUE

OYEBISI FOLAYEMI OMOLEYE, J.C.A, (Delivering the Leading Judgment): This is an appeal against the judgment of S.O. Oigbokie, J., of the High Court, Okada, Edo State, delivered on the 3rd of July, 2008. The Respondent was awarded the sum of one million naira (N1,000,000) as general damages, pursuant to her claim of fifty million naira (N50,000,000=) general damages for the tort of nuisance allegedly committed against her and her property by the Appellant.

The Appellant not satisfied with the judgment of the trial court appealed to this court vide its notice and grounds of appeal dated and filed on the 11th of July, 2008. The notice and grounds of appeal contained five grounds of appeal, see pages 113 to 117 of the record of appeal. The five grounds of appeal without their particulars are as follows:

1. The learned trial Judge erred in law and misdirected himself on the fact when after accepting that Exhibit 'B' dated 19/2/62 (Oba of Benin Approval) bears the name Joseph Uyigue without …