ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of D.E Adokeme (J) of the High Court of Justice, Nembe, Bayelsa State delivered on 31st July, 2006 in which the plaintiffs but now appellants suit was dismissed, hence the appeal.
At the lower court, the appellants per their further, further, further further amended statement of claim which was filed on 19th May, 2008 claimed as follows:-
"(a) The sum of Two hundred and Thirty five Million, Two Hundred and Thirty Thousand Naira (235,230,000.00) being special damages for the Defendant's blockade/flooding of farm lands, economic trees/ponds etc, of the plaintiffs, destruction for (of) the Okoroba/Opume Road and in convenience caused to the Plaintiffs in it (their) enjoyment/use of the said road as well as; the public at large or Three Hundred Million Naira (N300,000.000.00) as general damages for the same.
(b) An order that the Defendants put back the Okoroba/Opume Road in a useable state …