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HIS HIGHNESS ISAAC BOYI UMUKORO & ORS V. NIGERIAN PORTS AUTHORITY & ANOR.

(1997) JELR 45508 (SC)

Supreme Court  •  SC.288/1990  •  9 May 1997  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC;

Appearances
Appellants absent and unrepresented For Appellant 1st respondent absent and unrepresentedAlhaji Femi Okunnu, SAN (with him,A.A. Osara) For Respondent

Judgement
<p>I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice, Sapele, the plaintiffs claims as stated in paras. 22 and 23 of their Statement of Claim (which superceded the Writ of Summons) read thus:- </p><p> &quot;22. Whereof the plaintiffs claim against the defendants jointly and severally is for the sum of N301,658.90 (Three hundred and One thousand, six hundred and fifty-eight naira, ninety kobo) being the sum of Compensation agreed, ascertained and certified due and payable to the plaintiffs by the defendants for their Raffia Palms and economic trees of the plaintiffs destroyed or damaged at Umunu Island by the defendants and or their agents </p><p> 23. The plaintiffs also claim interest at 14% hereof from the date of this writ until payment or judgment.&quot; </p><p> Pleadings were ordered, filed and exchanged. The defendants clearly denied liability. The 1st defendant in addition pleaded in paras. 3 and 10 of its Amended Statement of Defence that-</p><p> &quot;3. The defendant denies paragraphs 7…</p>

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