M. BELLO, J.S.C. (Delivering the Leading Judgment): The respondents are members of Sagbama people who are the owners of the land over which the Sagbama creek flows and are also the owners and occupiers of the land on the banks of the creek. In 1971, without the authority and consent of the Sagbama people, the Appellants dredged the creek in order to facilitate their oil prospecting operations. In consequence of the damage and loss caused by the dredging operations, the respondents for themselves and on behalf of the Sagbama people commenced proceedings in the High Court, Warri, and they as plaintiffs claimed against the appellants as defendants:
"The sum of 60,000Pounds (Sixty Thousand Pounds) being a fair, reasonable and adequate compensation payable by the Defendants to the plaintiffs for the damage done to Plaintiff's property that is to say the Sagbama Creek- a creek over which the Plaintiffs had exercised and continued to exercise customary rights from time immemorial whereby the…