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SHELL PETROLEUM DEVELOPMENT COMPANY LIMITED V. PRINCE OGAN MAFIMISEBI & ORS

(2010) JELR 47546 (CA)

Court of Appeal  •  CA/B/206/04  •  26 Apr 2010  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; OYEBISI FOLAYEMI OMOLEYE JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of the Federal High Court sitting in Akure per A. Abdu-Kafarati, delivered on 15th November, 2002.

The brief background facts of this matter according to the Respondents herein who were plaintiffs at the lower Court are that, the Respondents who are fishermen, farmers and fish pond owners on 28th August, 1998, found their aquatic and ecological environment covered and polluted by oil due to manifold spillage emanating from the Opuama Flow Station of the Appellant company. As a result of the oil spillage, there was pollution and destruction of fish farms, fishing equipment, waterways, rivers, atlantic coastal line, livestock and vegetation. In this regard, the Respondents caused a valuation exercise to be carried out which valuation was duly documented. The Respondents through their traditional head, the Olugbo of Ilajeland and Ondo State Environmental Protection Agency lodged a complaint …

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