Appellant sued the respondent for damages purportedly caused by acts of nuisance which had caused injury to the appellants business.

The acts of nuisance included road construction activities done by the respondents on behalf of the Government of Bendel State. Such acts included road – blockage, barring access to the appellants’ poultry Farm.

Appellants claimed that such acts led to the starvation of his flock leading to them loosing weight thereby occasioning loss of income upon their sale.

The trial court found that the respondents had committed public nuisance, that the appellant had suffered particular injuries over and above that suffered by the public at large as a result of the respondent’s acts. He however held that there was not sufficient evidence of the value of the birds before and after the losses sustained by the appellant and that damages were not therefore proved.

The Court thought that the standard of assessment was as in private nuisance, it therefore dismissed the appellant’s case.

Appellant appealed against the decision of the Court on the question of damages. The Court of Appeal thought that on the records, the case for nuisance was not established and gave judgment in favour of the respondent, leaving the issue raised on appeal by the appellant undecided. There had been no cross appeal by the respondents against the findings of fact by the trial court on the issue of liability.