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ELF NIGERIA LTD v. OPERE SILLO & ANOR

(1994) JELR 43375 (SC)

Supreme Court  •  SC.51/1992  •  1 Jul 1994  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; EMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC;

Judgement

ADIO, JSC (Delivering the Leading Judgment): In the Warri Judicial Division of the High Court of the defunct Bendel State of Nigeria, the respondents instituted an action, in a representative capacity, on behalf of themselves and of the Sillo family of Obodo town, against the appellant. Their claim, as stated in paragraphs 12(1) and (2) of the Amended Statement of Claim was as follows:-

"1. Compensation for loss of fishing rights in  perpetuity over the non-existence of Esiesi Rivers  based on loss of actual income to the family from 80 fishermen tenants at ₦30 per month for a period of forty years ... ₦1,152,000.00

2. Compensation for injury to the plaintiffs' family feelings of dignity and pride following the annihilation of the 'Oriomo' goddess of Esiesi River and the consequential discontinuance of the traditional rites associated with the satisfactory performance of the goddess assessed as... ₦98,000.00 ... ₦1,50,000.00

Pleadings were duly filed and exchanged by the parties. The …

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