BULKACHUWA JCA (Delivering the Lead Judgment): The appellants in a representative capacity on the 27th November, 1996 filed a writ of summons before the High Court Warri, Delta State against the defendant/respondent, whereby they claimed the following relief;
“The plaintiffs claim against the defendant N23,243,250.00 being fair and adequate compensation due and payable by defendant to plaintiffs for damages, loss and injuries suffered by plaintiffs in the course of defendant’s oil mineral production activities inthe neighbourhoodof Bight of Benin,Eketie within the jurisdiction of this court about 29th November, 1990.” On the failure of the plaintiffs/appellants to file a statement of claim thereafter, the respondent by an application to the court filed on the 20/10/ 97 prayed the court for an order dismissingthe suit for want of prosecution. The plaintiffs/appellants on the same said 20/10/97 filed a statement of claim. The defendant thereafter filed a statement of defence on 19/1/98…