Facts:

The respondents are farmers in possession of an area of farmland in Izombe, Oguta Local Government Area of Imo State. The appellant is an oil and gas company and it keeps waste petroleum products on a piece of land very close to the respondent’s farm land. On or about the 5th of February 1997 the appellant’s employees set fire to the waste petroleum products on the land, the fire spread and caused serious damage on the farms and properties of the respondents. The respondents sued the appellant on a writ of summons accompanied by a statement of claim in the Federal High Court, Umuahia, claiming N26 million as special and general damage for destruction to their economic trees, farm houses and farm produce.