TOTAL E & P NIGERIA LIMITED V. MR. DAVID JONATHAN & ANOR

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading judgment): This appeal emanated from the ruling of the Federal High Court (hereinafter to be referred to as the lower/trial Court) sitting in Port Harcourt, per J. K. Omotosho J., delivered 26th April, 2017 in suit No. FHC/PH/CS/471/2016.

STATEMENT OF FACTS.

The 1st respondent as the plaintiff at the lower Court took out a writ of summons on 28th April, 2016 wherein he claimed jointly and severally against the 1st and 2nd defendants (who before us are the appellant and the 2nd respondent respectively) as follows:

a) A DECLARATION that the unauthorized pumping of the waste rainfall water from the existing trench during the Obite-Ubeta-Rumuji Gas Pipeline Project of the 1st defendant into the plaintiffs land which resulted to the severe flooding of his farms and destruction thereat situate at Ewumini farmland along Ogbo-Abarikpo Town in Ahoada East Local Government Area of Rivers State while constructing the aforesaid Obite-Ubeta-Ru…