This is an appeal against the judgment of the Court of Appeal, Port-Harcourt judicial Division which struck out the appeal by the appellant on 18/3/2013. The Court of Appeal herein after called lower Court.

It was the respondents as plaintiffs who filed an action at the trial court and claimed 'declaratory reliefs and monetary compensation for a disastrous diesel spill that occurred on August 20, 2001 from the appellant's facility which polluted the respondent's creeks, family ponds channels and sources of their drinking water. The appellants admitted the spillage and promised to clean up the polluted environment but failed to do so. That explained why the respondents filed this action at the trial court asking the appellants to clean up their polluted environment and pay them damages. Pleadings were exchanged by the parties and further exchanged their pleadings.

The trial court after listening to the parties and their respective witnesses, in a reserved judgment entered judgment against the appellants herein, and in favour of the plaintiffs (respondents). The trial court awarded the sum of Three Hundred and Thirteen Million, Two Hundred and Forty Seven Thousand, Fifty Six Naira only against the appellants herein. The appellants dissatisfied with the trial court's judgment appealed to the Court of Appeal and filed a Notice of Appeal. Their counsel was quite aware that N5,000 was to be paid as filling fees payable for the filling of the notice of appeal but decided to pay only N 200.00 so many defects were discovered by the respondents in filing the appeal and the respondents filed a notice of preliminary objection. He then urged the court below to dismiss the appeal. The court below entered judgment against the appellant.

Aggrieved by the decisions of the court below, the appellant appealed to this court. Both parties filed their respective briefs of argument and issues for the determination of this appeal.