(1997) JELR 45508 (SC)    

Supreme Court  ·  SC.288/1990 ·  9 May 1997 ·  Nigeria
Other Citations
Umukoro v. N.P.A. (1997) 4 NWLR (Pt.502)
Umukoro v. N.P.A. (1997) 4 NWLR (Pt. 502) 656
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Core Terms Beta
1st defendant
2nd defendant
cause of action
court of appeal
laws of the federation of nigeria
raffia palms
statement of claim
grounds of appeal
umunu island
mr. eduvie
plaintiffs claims
execution of such ordinance
public duties
respect of any alleged neglect
said land
servant of the authority
2nd defendant states
complete agreement
construction work
learned trial judge
part vii of the ports ordinance cap
ports act cap
record shows
a. b. wali
acquisition notice
african steamship co. ltd.
appellants land
available authorities
construction activities
contractual relationship
decision of the high court
economic trees of the plaintiffs
following views
high court of justice
i. l. kutigi
issue of applicability of s.97
laws of federation of nigeria
leading judgment
lead judgment of ndoma-egba
part of land
plaintiffs claim
plaintiffs land
pleaded case
provisions of the ports act
reclamation of sapele port complex
respect of the land
statement of claim.the defendant
sum of compensation
terms of agreement

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice, Sapele, the plaintiffs claims as stated in paras. 22 and 23 of their Statement of Claim (which superceded the Writ of Summons) read thus:-

"22. Whereof the plaintiffs claim against the defendants jointly and severally is for the sum of N301,658.90 (Three hundred and One thousand, six hundred and fifty-eight naira, ninety kobo) being the sum of Compensation agreed, ascertained and certified due and payable to the plaintiffs by the defendants for their Raffia Palms and economic trees of the plaintiffs destroyed or damaged at Umunu Island by the defendants and or their agents

23. The plaintiffs also claim interest at 14% hereof from the date of this writ until payment or judgment."

Pleadings were ordered, filed and exchanged. The defendants clearly denied liability. The 1st defendant in addition pleaded in paras. 3 and 10 of its Amended Statement of Defence that-

"3. The defendant denies paragraphs 7…

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