Samuel Ola Oladehin V. Continental Ile Mills Ltd (1978)

LawGlobal-Hub Lead Judgment Report

O. OBASEKI, J.S.C 

The issues raised in this appeal deal with the quantum of damages awarded by the learned trial judge (Dabiri, J.) who heard this matter in the first instance in the High Court of Justice of Lagos State holden at Ikeja.

Before that Court, the plaintiff/appellant on the 18th day of September, 1972 claimed by his writ of summons and paragraph 9 of the statement of claim the sum of 11,000 pounds (eleven thousand pounds) special and general damages for nuisance and perpetual injunction to restrain the defendant, its servants and agents from continuing the said nuisance.

The facts on which this claim was based and founded were pleaded by the appellant in his statement of claim which was filed and duly delivered on the order of the High Court. Of particular importance to this appeal are paragraphs 1, 2, 3, 4, 6, 7 and 8 which read as follows:

“1. The plaintiff is and was at all material times the lessee and occupier of property known as plot 9 Akinola Cole Crescent, Ikeja in the Lagos State.

2. The defendant has been at all material times and is the owner and occupier of a ile factory on a premises at Ayodele Diyan Street, Ikeja which is adjacent to the plaintiffs property.
3. On the 6th day of May, 1978, the plaintiff started the construction of a main building and boys quarters which were estimated to cost 14,639 pounds and for this purpose the plaintiff took a loan of 12,000 pounds from the Nigerian Building Society for which the plaintiff repays 120 pounds monthly to the said Nigerian building Society.
4. In June, 1972, after a considerable progress on the said construction, poisonous and contaminated industrial water escaped into the plaintiffs property from the defendant’s factory and premises, causing tremendous damage to the plaintiffs building under construction and destroying several building materials on the site.
5. Despite plaintiffs solicitors’ letter the defendant continued with the nuisance and on the 4th of September, 1972 an avalanche of poisonous and contaminated industrial water again gushed into the plaintiffs land from the defendant’s factory and premises.
6. On the written advice of the plaintiffs contractors, the boys quarters was demolished and the a main building reconstructed.
7. By reason of the matters aforesaid, the plaintiff has suffered loss and damage.

Particulars of Damage

(A) Special Damage:

1. Cost of construction of boys quarters demolished

553.18.0 pounds

2. Cost of demolition of boys quarters
3. Cost of providing wall piers along the main building not provided in original structure and drawings
4. Cost of underpinning main building

1,728.10.5 pounds

5. 100 bags of cement washed away at N15 each including cost of transporting the cement to site

85.0.0 pounds.

6. Cost of construction of site office removed and reconstructed

Total 6,162.11.5 pounds

General Damages 4,837.8.7 pounds

Grand Total 11,000.0.0 pounds

The defendant duly delivered his statement of defence by which he joined issues on almost all the averments in the pleadings by the plaintiff set out above and in particular denied paragraphs 4, 6, 7, and 8 of the statement of claim. In particular we would refer to paragraph 12 of the statement of defence which reads: