IBRAHIM MUSA MOHAMMED SAULAWA, J.C.A.(Delivering The Leading Judgment): The present appeal is against the Judgment of the Federal High Court, Asaba Judicial Division, Delta State, delivered on March 7, 2011 in Suit No. FHC/ASB/CS/120/96. By the said decision, the Lower Court Coram I. N. Buba, J; entered Judgment in favour of the Respondents (Plaintiffs) against the Appellants (Defendants).
BACKGROUND FACTS:
By the Amended Statement of Claim thereof dated 06/12/05 but filed on 07/12/05 in the court below, the Respondents claimed the sum of N10,000,000.00 for damages to their fishing nets allegedly arising from the Appellants' negligence.
Pleadings were filed and served by the respective parties. Eventually, the Suit proceeded to trial. At the conclusion of which, the Lower Court delivered the vexed Judgment to the following conclusive effect:
Therefore, it is my findings that the Plaintiffs proved negligence but failed to prove special damages. Consequently, Judgment be and is hereby e…