ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of okechukwu .J Okeke, judge of the Federal High court, Yenagoa, Bayelsa State, delivered on 22nd December, 2005 in suit No.FHC/YNG/SC/448/2007 .
The present respondents as plaintiffs in a representative action, claimed against the present appellant who was then the defendant for the sum of N10,000.000 (Ten Million Naira) as special and general damages. The sum, of N7 million, was for the 28 mud-fish ponds containing 2000 fish per each pond, appeasement of Prawo Lake and Prawo Juju, as well as loss of source of drinking water. The respondent's alleged damages were due to the numerous shooting of dynamites in their lake, ponds and their shrine from which the gods were annoyed or disturbed and they caused deaths to many members of the respondent's family.
During the proceedings at the trial court, the respondents called one witness while the appellant did not call any witness to support their…