ISTIFANUS THOMAS, J. C. A. (Delivering the Leading Judgment): At the lower court, the respondents as plaintiffs filed a writ of summons against the present appellant as defendant.
The respondents claim as per their Statement of claim is for the sum of N4,835,570.00 for damages to fishing materials loss of fishing time general damages as compensation payable to the plaintiffs (respondents) jointly and severally and on behalf themselves and their communities. namely, Bentubu and Pipeline in Andoni Local Government Area. Rivers State, as a result of the obstruction to the right of fishing way caused by the collapsed mast of the defendant (appellants) in the River of Andoni close to the Ocean.
After the service of the writ on the Appellant, on 3- 12-04, learned counsel filed in Notice of preliminary objection on the ground only that the trial High Court of River State, had no jurisdiction to adjudicate over the suit. Arguments on the preliminary objection were taken, since the issue of ju…