UMAR, J.S.C. (Delivering the Leading Judgment): This is an appeal against the ruling given on the 22nd February 2017 and judgment delivered on the 4th December, 2015 by the Court of Appeal, Calabar Judicial Division in Appeals No: CA/C/30/2016and CA/C/34/2016.
Brief Statement of Background Facts
The respondents by a writ of summons dated 23rd September,1998 commenced the suit that gave rise to this appeal against the appellants at Ikot Abasi judicial Division of High Court of AkwaIbom State in Suit No: HAB/39/98 wherein they prayed as follows:
“N48 1/2 (Forty Eight And a Half Million Naira) only as general and special damages suffered by the plaintiffs in that on or about June 29,1995 at Imo/Jaja Creek fishing location, Ikot Abasi Local Government Area, a tug called Berger Union and Berges No. HI.81 owned by the defendants loaded with cements navigated through plaintiffs Onyima fishing infrastructures sinking 3 canoes and destroying/damaging bundles of fish nets and several varieties of …