Facts:

The respondents who are principal representatives of Peremabiri community commenced an action for oil pollution damage in 1987, in the then High Court of Rivers State Yenogoa division, in present day Bayelsa State. Their claim was founded on the tort of negligence against an oil prospecting company, the present appellants, Shell Petroleum Development Company of Nigeria Limited for N64,146,000.00 (Sixty four million, One hundred and forty six thousand naira) as general and special damages for oil pollution of the plaintiff’s community swamps, creeks, ponds, lakes and shrines.

The plaintiffs had in their statement of claim made claims for One million Naira per as special damages for young raffia palms which were allegedly damaged and for loss of drinking water.

The trial judge concluded that the evidence called by the plaintiffs did not establish their entitlement to the award of One million naira per plaintiff as claimed. The trial Judge nevertheless awarded N400,000.00