(1977) JELR 45812 (SC)    

Supreme Court  ·  SC.308/1975 ·  25 Feb 1977 ·  Nigeria
Other Citations
IKORO v. SAFRAP (NIG) LTD. (1977) 2 S.C. (REPRINT) 68
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria
Core Terms Beta
fish pond
learned trial judge
craig v
fish ridge
1.wnlr p
additional grounds of appeal
a. g. irikefe
ahoada division
ahoada division of the rivers state
annual catch of fishes
behalf of the appellant
careful appraisal of the evidence
common ground
court of trial
first complaint
leading judgment
lower court
market value
material part of the testimony of the valuer
mineral oil
neighbouring town
oil mining licence
plaintiff claims
possession of an area of swamp land
rainy season
said area
said order
second chance
see amobi v
senior civil servant
total sum
trace of the pond
trial judge
unsatisfactory character of this evidence
value of the plaintiff
virtue of the said licence

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…

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