Facts:

The appellant/cross appellant, Wilbros Nigeria Limited was at all material times, a construction firm engaged in some construction works for Agip Oil Nig. Ltd at Ogboinibiri location along Apoil Creek in Southern Ijaw Local Government Area of Bayelsa State. The respondent\cross-appellant, Mr. Obori was also at the material time, a transporter and owner of and operator of the boat “M. V. TWO BROTHERS” which he used for transporting passengers and goods between Port Harcourt City and Gbaraun and other towns in Ijaw community of Bayelsa State