A. B. WALI, JSC (Delivering the Leading Judgment): By a writ of summons filed in Warri High Court of the then Bendel State, (now Delta State), the plaintiff, Kwameh Ambah (for himself and on behalf of Wesewese family of Ojobo in Burutu Local Government Area) claimed for the following relief against the defendant, the Shell Petroleum Development Company:
Claim-
"The plaintiff's claim for himself and on behalf of Wesewese family of Ojobo in Burutu Local Government Council Area is for the sum of N30,000.00 (thirty thousand naira) being special and general damages suffered by the plaintiff and members of his family when the defendant by their agents and or servants destroyed the fish ponds, creeks, lakes, and channels lying and situate at Asesaoba near the Beniseide oil fields in Burutu Local Government Council Area, Bendel State of Nigeria in 1977 over which this honourable court exercises jurisdiction.
The defendants have neglected, failed and or refused to negotiate and or pay reason…