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ESSIEN & ORS

(2021) JELR 108939 (CA)

Court of Appeal 5 Nov 2021 Nigeria
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- The respondents filed suit HER/112/2013 before the Akwa Ibom State High Court alleging that the appellant’s construction of a communication mast in a residential area constituted a health/environmental hazard, seeking general and exemplar

Case Details

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Akwa Ibom State, Coram Honourable Justice Eno H. Isangedighi delivered on the 26th April, 2018 entering judgment in favour of the claimants at page 139 of the record of appeal as follows:-

“In the result, judgment is hereby entered for the claimants. I award general damages against the defendant in favour of the claimants in the sum of N100,000,000.00 (One Hundred Million Naira) only and exemplary damages N250,000,000.00 (Two Hundred and Fifty Million Naira) only.”

Dissatisfied, appellant appealed to this Court on 27/4/2018 through a notice of appeal containing three grounds of appeal. However, by an order of this Court granted on 2/3/2021, appellant amended its notice of appeal and the said amended notice of appeal contains four grounds of appeal.

On 21/9/2021 date of hearing the appeal, learned counsel for the appellant Prof. A. J. Chukwumerie SAN, leading Nsikak I…

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