EKO JCA (Delivering the Lead Judgment): The respondents were the plaintiffs at Bayelsa State High Court (coram Kate Abiri, J) in the suit no. YHC/54/98. The claim of the respondents as per their joint statement of claim is:
“for the sum of N100,000,000.00 (one hundred million naira ) being and representing general and special damages for the blockade of Akanafa Lake by the defendant’s Deep Access Road within the jurisdiction of the honourable court.”
The writ of summons was taken out on 27 July 1998.
The statement of claim avers, inter alia , that some time in 1991 the defendant, now the appellant, constructed its Gbaram Deep Field Access Road across Akanafa Lake and thereby sand-filled and completely blocked theAkanafa lake and effectively prevented movement through the lake to the extent that while one side of the lake is flooded the other side is dried, thus causing permanent flood on one side of the swamps, lakes and ponds and total deprivation on the other side.
For this the resp…