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SPDC V. SAAKPA & ANOR

(2022) JELR 110882 (CA)

Court of Appeal  •  CA/PH/481/2009(1)  •  25 Apr 2022  •  Nigeria

Coram
Tani Yusuf Hassan JCA Paul Obi Elechi JCA Olabode Abimbola Adegbehingbe JCA

Appearances
V. Igbonekwu, Esq. for the Appellant; Kemasuode Wodu (SAN) with him, S. Brisibe, Esq., S, Johnbull, Esq., T. Mamofede, Esq., T. Macdonald, Esq. and S. Jumbo, Esq. for the Respondents

Judgement

OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A. (Delivering the Leading Judgment): With a writ of summons, filed on 24/05/2005, in the Registry of the Federal High Court at its Port Harcourt Judicial Division, the respondents in this appeal, commenced their suit against the appellant. In the writ of summons filed on 24/05/2005, the plaintiffs prayed Court for: 

“N10,000,000,000.00 (Ten Billion Naira) only as special, general and exemplary damages for damage caused to the Plaintiffs’ land and farm crops at the Plaintiffs’ Bara ol Tapere-ol land, Barayonwa-Dere (B-Dere) in the Gokana Local Government Area of Rivers State of Nigeria by crude oil spillage from the Defendant’s manifold along the Defendant’s Alesa-Eleme Bonny Trunk line (crude oil pipeline), B-Dere, Bomu Oilfield, Gokana in the Gokana Local Government Area of Rivers State of Nigeria.” (Pages 1-2 of the record of appeal). 

In paragraph 23 of the statement of claim, filed the same day, the respondents prayed the Court to enter judgment a…

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