HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the leading Judgment): This is an appeal against the judgment of the Federal High Court sitting in Kaduna in Suit No. FHC/KD/CS/19/1998 delivered by Honourable Justice A. M. Liman on the 10th of August, 2009. The action in the Lower Court was commenced by the first Respondent, as plaintiff, on behalf of the members of Fadama Farmers Association against the Appellant, as defendant.
The case of the first Respondent before the lower Court was that they were at all material times the owners and persons entitled to possession of the land and premises situate at and known as "along River Romi Area" measuring 918.237 acres and comprising of eleven villages. It was their case that in 1992, the Appellant through its servants, agents and/or privies wrongfully entered into the said land and premises and took possession, polluting same with oil spills and other harmful chemicals in the process and made the land and premises inhabitable and un-cul…