(2008) JELR 45368 (CA)    

Court of Appeal  ·  CA/I/137/2003 ·  14 Feb 2008 ·  Nigeria
Other Citations
H.K.S.F. v. Ajibawo (2008) 7 NWLR (Pt. 1087)
MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
representative capacity
trial court
waste water
common injury
common interest
general damages
appellant counsel
exhibit f
learned trial judge
special damages
credible evidence
order of injunction
appellant company
grounds of appeal
ajibawo family farmland
behalf of persons
cause of action
civil procedure
collective entitlement of the ajibawo family
committal of further acts of nuisance
common cause of action
competence of the action
considered decision
economic loss
further argument
important issue
individual injury
judgment of the trial court
leading judgment
member of the family
ogun state
ogun state high court
place of discharge
rich land
rules of practice
unjustified award

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The respondents as plaintiffs took out a writ dated 6th day of August 1998 at the Ogun State High Court claiming the sum of (N5,000,000.00k) Five million naira special and general damages against the appellant who being the defendant had allegedly, by the nuisance from the effluents and waste water discharged from its premises, caused economic loss to respondents' otherwise rich land, vegetation, landscape and stream at Ketebo. Respondents also prayed the lower court for injunction to restrain the appellant by itself, Directors, Officers, Servants and Agents from the committal of further acts of nuisance on respondents' farmland at Ketebo, Ota in Ogun State.

Pleadings were ordered, filed, exchanged and settled. From their pleadings and evidence, respondents' case is that appellant, a fabric manufacturing company at Ota, was discharging its effluents and waste water through pipes passed directly across respondents' farmlands to the pl…

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