THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED V. SIBEATE KANGI & ORS.

MUSA DATTIJO MUHAMMAD, JCA (Delivering the Leading Judgment): At the lower court, Federal High Court, sitting at Port Harcourt, the respondents as plaintiffs claimed in their further amended statement of claim against the appellant being the defendant for:

"1. The sum of ₦40,000,000.00k (Forty Million Naira) being special and general damages suffered by the plaintiffs from ecological degradation of plaintiffs fishing flats, creeks and ponds damage to fishing traps, screens and nets and declaration of marine life by defendant's negligent spillage of crude oil from defendant's Bodo West Oil field in 1994.

2. An order directing the defendant to clean up the fishing flats creeks and ponds polluted by the crude oil spillage from Bodo West Oil field and take steps to improve marine life and otherwise make restitution for damage done to the Community's traditional occupation."

The respondents' in paragraph 6 of their further statement of claim particularly averred as follows:

"In 1994 crude …