JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is in respect of an appeal against the decision of the High Court of Akwa Ibom State delivered on the 4th February, 2016 by ISANGEDIGHI J.
The Appellants who were farmers of Ukana Ikot Eso Village in Essien Udim Local Government Area of Akwa Ibom State, where the Respondent was then executing a road construction contract, alleged that the Respondent trespassed upon their farmland called Iso Ubo lying and situate in the said Ukana Ikot Eso Village and took out a writ of summons against the Respondent claiming as follows:
1. Fifty Million Naira (N50 Million) damages for trespass into the land of the Claimants by the Defendant in that the Defendant without the consent of the Claimants trespassed into the land of the Claimants known as ISO UBO and dumped evacuated topsoil and poisonous waste materials and continued in the trespass up till date.
2. An order directing the Defendant to evacuate the waste topsoil and …