AMACHERE & ANOR.
V.
THE SPDC NIGERIA LTD.

(2011) JELR 33418 (CA)

Court of Appeal 28 Feb 2011 Nigeria
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- This is an appeal against the ruling of the Federal High Court in a case involving a claim for compensation for the escape of crude oil from the defendant's pipeline. - The plaintiffs claimed that the oil spill was still ongoing and causi

Case Details

Suit Number:CA/PH/173/2009
Judges:MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria (OFR) Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:E.B. Ukiri;Omonigho Iyayi (Miss) Esq; For Appellant D.J. Enyi (Mrs.) Esq., For Respondent

T.O. AWOTOYE, J.C.A (Delivering the Leading Judgment): This is an appeal in respect of the ruling of Federal High Court presided over by CHUKWU J., and delivered on 29/01/2009. The plaintiffs claim in the trial court is as follows:

"(i) A declaration that the Defendant is liable to pay fair and adequate compensation for the escape of crude oil from the Defendant's Buguma manifold which occurred without the default of the Mini Ama and Krakrama Fishing Settlement or the malicious acts of any third party, on 22/11/95 but is still lingering on and continuously polluting the fish ponds, mangrove swamps, beaches, fishing rights and source of drinking water of the Plaintiffs Fishing Settlements.

(ii) An order of this Honourable Court determining and fixing the compensation die and payable to the aforesaid Fishing settlements, the parties herein, having disagreed on the quantum of compensation due and payable."

The plaintiffs filed their statement of claim and subsequently amended statement o…

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