Seismograph Service (Nigeria) Ltd.v. Esiso Akporuovo (1974)

LawGlobal-Hub Lead Judgment Report

G. S. SOWEMIMO, J.S.C. 

The respondent, who was the plaintiff in suit UHC/34/7O, sued the appellant company at the Ughelli High Court of the Midwestern State. The case was tried by Ogbobine J., who delivered a judgment, awarding the respondent a sum of 3,942:8s:0p. for the three buildings and two houses allegedly destroyed by defendant/appellant company as a result of some seismic operations at Umolo Village. The appellant company has lodged an appeal against the judgment delivered on 30th December, 1971.

The claim in the writ of summons reads;

“Plaintiff claims from the Defendant the sum of 4,392:5s:6p. (four thousand, three hundred and ninety-two pounds, five shillings and sixpence) being compensation due Plaintiff from the Defendant for damage done by the Defendant to Plaintiff’s property in Umolo Village, Olomu Clan in Eastern Urhobo Division, within the jurisdiction of this Honourable Court in the course of Defendant’s seismic operations on what it described as “Ughelli 47″ through the said Umolo Village sometime in 1966”.

On the pleadings filed before the learned trial judge, issues were joined on the following:

(1) Was the defendant/appellant by its seismic operations responsible for the destruction of the three houses and two out-houses of the plaintiff/respondent at Umolo Village sometime in 1966

(2) Were these three houses and out-houses actually destroyed as alleged by the plaintiff/respondent along with many household belongings as set out in the Statement of Claim

(3) On the issue of damages was it proved as pleaded that an expert valuer estimated the value as alleged

In his Statement of Claim the plaintiff avers:

“4. On this plaintiff’s piece of land he erected three residential buildings and two blocks of out-houses sometime in 1974.

5. The three buildings and two out-houses owned by the plaintiff were as follows:

“(a) A mud wall building comprising four bedrooms and four sitting-rooms each room was floored with cement concrete, all ceilings made of asbestos sheets and building’s roof made of corrugated iron sheets.

(b) A building with cement-plastered walls comprising three sitting-rooms and four bed-rooms, each floored with cement concrete, all ceilings made of asbestos sheets and building’s roof made of corrugated iron sheets.

(c) A building with cement-plastered walls comprising three sittingrooms and four bed-rooms, built with the same materials mentioned in (b) above.

(d) An out-house comprising three rooms each with walls plastered with cement.