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MARK AMACHERE & ANOR. V. THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED

(2011) JELR 33418 (CA)

Court of Appeal  •  CA/PH/173/2009  •  28 Feb 2011  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; (OFR) JCA; EJEMBI EKO JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

T.O. AWOTOYE, J.C.A (Delivering the Leading Judgment): This is an appeal in respect of the ruling of Federal High Court presided over by CHUKWU J., and delivered on 29/01/2009. The plaintiffs claim in the trial court is as follows:

"(i) A declaration that the Defendant is liable to pay fair and adequate compensation for the escape of crude oil from the Defendant's Buguma manifold which occurred without the default of the Mini Ama and Krakrama Fishing Settlement or the malicious acts of any third party, on 22/11/95 but is still lingering on and continuously polluting the fish ponds, mangrove swamps, beaches, fishing rights and source of drinking water of the Plaintiffs Fishing Settlements.

(ii) An order of this Honourable Court determining and fixing the compensation die and payable to the aforesaid Fishing settlements, the parties herein, having disagreed on the quantum of compensation due and payable."

The plaintiffs filed their statement of claim and subsequently amended statement o…

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