BITRUS GYARAZAMA SANGA, JCA (Delivering the Leading Judgment): By an endorsed Writ of Summons and a Statement of Claim dated 28th August, 2013 the Respondent as Plaintiff claimed the following reliefs from the Appellant as Defendant: -
1: The sum of ₦1,104,000:00 (One Million, One Hundred and Four Thousand Naira) only being special damages for the damage of the Plaintiffs 3 bundles of fishing nets consequent upon the Defendants massive Crude Oil Spill of (sic) on or about 20th July, 2006 (also known as 28 NCTL CRUDE OIL SPILL) in Rivers State of Nigeria.
2: Post judgment interest of 10% per annum on the judgment sum from the date of judgment until full payment of the judgment sum by the Defendant. (pages 9-10 of the record of appeal).
The Defendant filed a 24 paragraphs statement of defence dated 3rd December, 2013. (pages 83 86 of the record of appeal). On 17th September, 2014 the Defendant filed a motion on notice seeking for the following reliefs: -
1: An Order that claims based on the…