Godwin Agbeyegbe V. Seismograph Services (Nig) Limited (1978)

LawGlobal-Hub Lead Judgment Report

ESO, J.S.C. 

In the High Court of the Midwestern State of Nigeria (now Bendel State) holden at Sapele before Ogbobine, J., the plaintiff who is the appellant in this court claimed as follows:

“the sum of N1, 780.00 (One Thousand, Seven Hundred and Eighty Naira) being compensation which the defendant negotiated and agreed to pay plaintiff on the 22nd day of November 1972 for the damage/loss of plaintiff’s pigs and piggies”

The learned trial Judge ordered pleadings which were duly filed and the pertinent paragraphs of the Statement of Claim read as follows:

“3. In 1964, plaintiff established a piggery farm in Mereje. The farm is situated on a small Island just off the Mereje Coast in Okpe clan, Western Urhobo Division within the jurisdiction of this Honourable Court. On this Island, the plaintiff built two houses which are used for the purpose of the piggery business.

6. Before the incidents giving rise to this claim, the plaintiff ran his piggery and farm on commercial basis and maintained himself and his family with the proceeds of the sales of pigs produced in the farm.
7. In or about the month of August, 1972, the defendant’s representatives came to the said piggery and saw plaintiff, his workmen and (sic) the pigs and piggys on the island. Plaintiff warned them to avoid the island in their operations as the pigs and piggys cannot stand the shock of the thunderous blasts involved in their operations. defendant’s representatives agreed and went away. They subsequently returned to the island where plaintiff again warned them of the dangers to the pigs and piggys which their shooting operations may involve.
8. Thereafter, defendant’s workmen entered into the piggery and carried out their operations on the small island with at least nine thunderous blasts fired in quick succession. These sudden thunderous blasts frightened the pigs and piggys and as a result many of the piggys died of shock, some of the pigs and piggys in the confusion resulting from shock ran into the water and perished while other pigs carrying young ones had them prematurely discharged.
9. The defendant’s workmen saw the adverse effects of the defendant’s operations on plaintiff’s piggery. They undertook to bring these facts to defendant so that plaintiff is paid his compensation without delay.
10. Plaintiff demanded payment of the said compensation and upon plaintiff’s instruction, his solicitor wrote to the defendant claiming payment of compensation for the damage caused in the said piggery. Plaintiff will rely on his solicitor’s said letter reference No. TJO/M.C.-GA/72/99. Vol. 4 dated the 26th day of September, 1972.
11. On the 22nd day of November, 1972, plaintiff and his solicitor called at the defendant’s Warri Base Camp. The defendant was represented by one Mr. Ellis, its Landsman – Mr. Urhokor and a representative of Safrap (Nigeria) Limited. The meeting was presided over by Mr. Ibagere of the Ministry of Lands and Housing, Benin City who the defendant invited to preside over the negotiation meeting as an independent Chairman.
12. At this negotiation meeting, plaintiff gave account of the number of pigs and piggys which died as a result of the defendant’s shooting operations. This account was confirmed to a material extent by defendant’s Landsman, Mr. Urhokor. After prolonged discussion, it was agreed by both sides that plaintiff’s claim be settled as follows:

(a) Compensation for 70 mature

adult pigs at N14.00 each – N980.00

(b) Compensation for 100 small

young pigs at N8.00 each – N800.00

N1,780.00

Thereafter the meeting rose and plaintiff was asked to go home and wait for the cheque for the money.”

It is to be observed that in both the Writ of Summons and the Statement of Claim, the plaintiff based his claim on an agreement arrived at after a negotiation between the plaintiff and the defendant/company.

The defendant/company joined issue on this question of agreement by negotiation and said in their Statement of Defence-

15. The defendant denies paragraph 16 of the Statement of Claim that it agreed to pay compensation for 70 adult pigs and 100 small pigs, as its representative saw only one dead pig, and the cause of death was unknown.
16. The defendant admits paragraph 19 of the Statement of Claim, but avers that the defendant refused to pay, because there was no agreement and because, plaintiff did not establish any damage suffered by him for which he should be paid compensation.”

To prove the claim, the plaintiff gave evidence and said that after he had observed that there was damage done to his pigs, he instructed his solicitor to write the defendant/company. On receipt of the letter from the solicitor, the company promised to send their Damage Claims Clerk to assess the damages. One Young Urhokor came to assess the damages after which plaintiff was asked to come to Warri to negotiate. There were two visits and during the second visit, which was on the invitation of the defendant/company, an agreement was reached and the defendant/company promised to pay plaintiff a sum of N1,780.00 (One Thousand, Seven Hundred and Eighty Naira). On this point, he said –