Facts:

The respondents as plaintiffs took out a writ of summons against the appellant as defendant wherein the plaintiffs claimed the sum of N118,681,425.00 (one hundred and eighteen million, six hundred and eighty-one thousand, four hundred and twenty five naira) as special and general damages for the injurious activities of the defendant company causing damages to the plaintiffs, which caused them to lose money from their poultry, fish and crops farm in the estate and that their building structures were under threat of collapse and the appellant had filed her statement of defence denying liability.

Hearing commenced and the plaintiffs called witnesses and closed their case. The defendant called some witnesses and while the matter was still pending, the parties entered into negotiation for an out-of-court settlement. In the process, Osidipo, J (the presiding Judge) was transferred and the case went to two other Judges who could not hear the case before they retired. The case was eventually transferred back to Osidipo, J for continuation of trial.