EKO JCA (Delivering the Lead Judgment): The appellants were the claimants at the High Court of Rivers State in the suit No. OHC/5/98. The respondent was the defendant in the said suit. In the judgment of the trial court delivered on 5 June 2007 by Hon. E. Teetito, J., the suit of the claimants was dismissed in its entirety. On 11 June 2007, the appellants lodged their appeal against the said judgment on four (4) grounds of appeal.
The learned trial Judge erred in law when he wrongly held that the plaintiffs did not plead and prove particulars of negligence in their statement of claim and thereupon proceeded to dismiss the claims against the defendant for destruction of their crops at Okwu-Owuru farmland.
The learned trial Judgeerred in law in refusing to award special damages to the plaintiffs having already held that the evidence of PW2 and PW3 who were expert witnesses were not contradicted or shaken under cross-examination by the defendant. The learned trial Judge erred in law in…