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UMUKORO & ORS
V.
NPA

(1997) JELR 45508 (SC)

Supreme Court 9 May 1997 Nigeria
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- The plaintiffs claimed compensation for the destruction of their raffia palms and economic trees on Umunu Island by the defendants during the construction of a new Sapele Port Complex. - The defendants denied liability and argued that Umu

Case Details

Suit Number:SC.288/1990
Judges: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
Counsel:Appellants absent and unrepresented For Appellant 1st respondent absent and unrepresentedAlhaji Femi Okunnu, SAN (with him,A.A. Osara) For Respondent
Other Citations:Umukoro v. N.P.A. (1997) 4 NWLR (Pt.502), (1997) 4 NWLR (Pt. 502) 656, (1997) JELR 73671 (SC)

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High Court of Justice, Sapele, the plaintiffs claims as stated in paras. 22 and 23 of their Statement of Claim (which superceded the Writ of Summons) read thus:-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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