SHARON PAINT AND CHEMICAL COMPANY LIMITED OSITA NDUKA CHRISTOPHER ARINZE AND E. O. EZENWAKU K. C. EZENWAKU (FOR THEMSELVES AND ON BEHALF OF EZENWAKU FAMILY OF UDI) JOSIAH NDUKA AND JOSIAH NDUKA AND E. O. EZENWAKU K. C. EZENWAKU (FOR THEMSELVES AND ON BEHALF OF EZENWAKU FAMILY OF UDI) SHARON PAINT AND CHEMICAL COMPANY LIMITED OSITA NDUKA CHRISTOPHER ARINZE

FABIYI, JCA (Delivering the Lead Judgment): This judgment is sequel to the two appeals filed against the judgment of Onyia, J. of the High Court of Justice, Enugu, dated 21/9/95.

The plaintiffs’ claims are contained in paragraph 27 of their statement of claim, as manifest on page 9 of the record of appeal. It reads thus:-

“27 WHEREFORE, the plaintiffs claim against the defendants jointly and severally as follows:-

₦1,000,000 (One million Naira) as general damages for nuisance.

An injunction restraining the defendant, their servants, agents or privies or otherwise whatsoever from repeating or continuing the said nuisance or any nuisance of a like kind.”

Three issues were raised by the defendants, touching on the competence of the suit as filed by the plaintiffs. I need to state them for sake of clarity.

The plaintiffs averred in paragraph 2 of their statement of claim that ‘the first defendant is a registered company operating business at Umuoka, Udi.’ By paragraph 2 of the statement of d…