A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): At the conclusion on 10/1/77 of argument by learned counsel appearing on behalf of the appellant in this matter, and without calling upon the respondents' counsel, we set aside the order of non-suit made by the lower court and substituted therefore an order dismissing the claim. We now give our reasons for so doing.
The writ which commenced this action reads as follows: -
"The plaintiff claims from the defendant the total sum of 16,000 pounds being the value of the plaintiff's fish pond and ridges at AKABUKA in the AHOADA DIVISION which the defendant damaged in the course of its operation for mineral oil in the said area in or about the month of March, 1972."
From the evidence produced by the parties at the trial, it is common ground that: -
(a) the respondents (a company granted an Oil Mining Licence by the Federal Government of Nigeria) are entitled by virtue of the said licence to enter upon any land covered by the terms of s…