OGEBE, J.C.A. (Delivering the Leading Judgment): The respondent sued the appellant in the High Court of Rivers State in a writ of summons dated 14th day of December, 1990 as follows:
"The plaintiff's claim against the defendant is for the sum of One Hundred and Sixty-Two Million, Eight Hundred Thousand Naira (₦162,800,000.00) being and representing special and general damages suffered by the plaintiff as a result of crude oil spillage from the defendant's crude oil well and/or other oil installations in or near Bukuma in the Degema Local Government Area of Rivers State, within the jurisdiction of this Honourable Court on or about the 12th September, 1990 which extensively polluted the plaintiff's fish ponds, fishing nets, and the creeks and rivers wherein the plaintiff carries on its large scale commercial and modern fishing and fish farming."
Issues were joined by the parties by the filing of pleadings and amendments thereof. During the course of trial in the lower court the appellan…