CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of Molokwu, J. of the Federal High Court, Ibadan against the Appellants delivered on 21st December, 2007.
The Respondents were the plaintiffs in the lower court who in their amended statement of claim sought the following reliefs:
(1) "A declaration that the first and second defendants who through the execution of road construction works" at the intersection or thereabout of the Lagos-Ibadan Expressway and the Ibadan Ilorin Road dualization (under construction) at Ojoo, Ibadan, by its agents the Federal Road Maintenance Agency (FERMA), and negligent by directing the drainage channel which caused devastating flooding to the properties of the plaintiffs.
(2) A declaration that the acts of the 1st and 2nd defendants in the execution of road construction works at the intersection or thereabout of the Lagos-Ibadan Expressway and the Ibadan-Oyo-Ilorin Road dualization (under construction) at Ojoo,…