S. O. UWAIFO, J.S.C. (Delivering the Leading Judgment): Two suits were instituted in the Federal High Court, Calabar on June 1, 1998 by two separate sets of plaintiffs against the same defendants. The said defendants are now the appellants. The first suit No. FHC/CA/CS/30/98 claimed special damages of N3,698,524,656.00 and general damages of N301,475,344.00. The plaintiffs therein are now the 1st set of respondents. The second suit No. FHC/CA/CS/31/98 claimed special damages of N938,200,464.00 and general damages of N61,799,536.00. The plaintiffs in that suit are now the 2nd set of respondents. The defendants in the two suits were sued jointly and severally. The two suits have as their cause of action ecological and environmental pollution arising from crude oil spillage.
In both suits, the statements of claim were filed on 22 July, 1998 and the statements of defence of the 1st defendant only were filed on 12 October, 1998 and latter amended and filed on 29 June, 2000. The 2nd defend…