ROWLAND, JCA (Delivering the Lead Judgment): The appellant was the defendant at the court below and the respondents the plaintiffs. By paragraph 24 of the 2nd further amended statement of claim in suit No. W/72/83 which features at page 317 of the records, plaintiffs’ claim against the defendant is as follows:-
“24. Wherefore, the plaintiffs were obliged to institute this action and claim as per their writ of summons and additionally under the rule in Rylands v. Fletcther, in breach of statutory duty, nuisance as well as in negligence as follows. The sum of ₦15,392,889.60 (fifteen million, three hundred and ninety two thousand, eight hundred and eighty-nine naira and sixty kobo) being fair, reasonable and adequate compensation and/or damages due and payable to the plaintiffs by defendant for the injuries to plaintiffs’ right as listed at paragraph 20 above resulting in loss of income from fishing, destruction of economic trees and domestic animals, inconveniences and suffering, dest…