STEPHEN JONAH ADAH, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Benin Judicial Division, delivered on 2nd July, 2015, in Appeal No: CA/B/329/2012. In its decision, the lower court upheld the appeal of the respondent against the ruling of the Federal High Court, sitting in Asaba in Suit No: FHC/ASB/CS/52/2010, which was delivered on June 29, 2012.The trial court had previously ruled in favour of the claimant (the appellant) and granted the claims sought by the appellant.
The appellant herein as the plaintiff sued the respondent at the trial court and claimed the following reliefs via his amended statement of claim filed on the 19th May, 2010:
i. The sum of N75,194,886.13 (Seventy Five Million, One Hundred and Ninety Four Thousand, Eight Hundred and Eighty Six Naira, Thirteen Kobo) being special and general damages due and payable as compensation in accordance with the provision of the Oil Pipeline Act 1990, for the acquisition of …