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SPDC (NIG) LTD
V.
NWAGBARA

(2018) JELR 39586 (CA)

Court of Appeal 19 Jan 2018 Nigeria
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- The case involves a claim for damages for tortious liability due to the escape of unburnt gas from the defendant's gas flow station into the plaintiff's farm. - The trial court entered judgment in favor of the plaintiff, awarding special

Case Details

Suit Number:CA/OW/208/2014
Judges:MASSOUD ABDULRAHMAN OREDOLA JCA ITA GEORGE MBABA JCA TUNDE OYEBANJI AWOTOYE JCA
Counsel:Olusola Laniyan, Esq. with him, C. C. Chikere, Esq. For the Appellant; A.C. Umakanwa, Esq. with him, Edmund Nnah, Esq. (who settled the brief) For the Respondent.

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Federal High Court, sitting at Umuahia, in Suit No. FHC/UM/CS/170/2002, delivered on 30/1/2014 by Hon. Justice F.A. Olubanjo, wherein his Lordship entered judgment for the claimant (now Respondent) against the defendant (now Appellant) in the sum of Sixty one Million Naira (N61,000,000.00) as special and general damages for tortious liability.

At the trial Court the Respondent had claimed, in amended statement of claim, as follows:

(a) The sum of N100,000,000.00 (One hundred Million Naira) only, being and representing compensation for damages suffered by Plaintiff on account of the escape of the Unburnt Gas of the Defendant at Imo River 1 Gas Flow Station into Plaintiffs swamp farm at Owaza sometime between January and February, 1998 and which said Gas escape polluted the Plaintiffs farm aforesaid, all the crops therein and the farm land of the Plaintiff.

(b) An order compelling the def…

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