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THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED V. CHIEF G.B.A. TIEBO & ORS.

(2005) JELR 45157 (SC)

Supreme Court  •  SC.9/1999  •  8 Apr 2005  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; NIKI TOBI JSC; DENNIS ONYEJIFE EDOZIE JSC; GEORGE ADESOLA OGUNTADE JSC; SUNDAY AKINOLA AKINTAN JSC;

Judgement

OGUNTADE, JSC (Delivering the Leading Judgment): The respondents as the plaintiffs commenced their suit on 6th June, 1988 at the Yenagoa High Court of Rivers State claiming against the defendant for the sum of Sixty four million, one hundred and forty six thousand naira being special and general damages for the negligence of the defendant and for allowing crude oil, which the defendant was mining, to spill into the lands, swamps, creeks, ponds, lakes and shrines of the plaintiffs. The plaintiffs sued for themselves and as the representatives of the Peremabiri Community in YELGA. The parties filed and exchanged pleadings after which the suit was heard by Blankson J. In all, the plaintiffs called nine witnesses in support of their case. The defendant called three. At the conclusion of hearing, the learned trial Judge in his judgment on 27/2/91 awarded in plaintiffs' favour, general damages totaling six million naira and one million naira costs. Dissatisfied with the judgment of the tria…

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