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THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED V. CHIEF JOEL ANARO & ORS

(2015) JELR 44398 (SC)

Supreme Court  •  SC.52/2005  •  5 Jun 2015  •  Nigeria

Coram
JOHN AFOLABI FABIYI JSC; CLARA BATA OGUNBIYI JSC; KUMAI BAYANG AKA'AHS JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; CHIMA CENTUS NWEZE JSC;

Appearances
F. R. A. Williams Jnr. (appearing with Mohammed Sallau Esq and O. E. Osumbade) For Appellant Chief Broderick Bozimo (appears with Lorenzo Omo-Aligbe Esq; Joyce Bozimo (Mrs.), H. T. Aligbe (Mrs.) and Isaiah Bozimo Esq. For Respondent

Judgement

KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): Four separate actions were instituted by the Plaintiffs herein seeking damages from Shell Development Company of Nigeria Limited for oil spillage. The said suits Nos. W/16/83, W/17/83, W/72/83 and W/80/83 were instituted for and on behalf of Obotobo, Sokebolo, Ofogbene (Ezon Burutu) and Ekeremor Zion (Ezon Asa) Communities respectively. The suits were consolidated by Order of the then Bendel State High Court on 21/3/85. At the end of the trial in which parties called witnesses, the trial court in a judgment delivered on 27th May, 1997 in favour of the Plaintiffs awarded damages as follows:-

1. Suit No. W/16/83 - ₦4,095,085.00

2. Suit No. W/17/83 - ₦13,278,306.00

3. Suit No. W/72/83 - ₦7,392,589.00

4. Suit No. W/80/83 - ₦5,522,701.00

The defendant was dissatisfied and appealed against the judgment to the Court of Appeal, Benin City in CA/8/255/97. The Court of Appeal delivered its judgment on 22nd May, 2000 dismissing the …

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