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ELF NIGERIA LTD
V.
OPERE SILLO & ANOR

(1994) JELR 43375 (SC)

Supreme Court 1 Jul 1994 Nigeria
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- The appellant's oil exploration activities caused siltation and harm to fish in a river. - The respondents sued the appellant for compensation for the loss of fishing rights and income. - The court upheld the respondents' claim for compen

Case Details

Suit Number:SC.51/1992
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria EMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Counsel:K.E. Mozia For Appellant Dr. M. Odje. S.A.N. (with him. S.O. Edema Sillo and M.A.T. Keshinro) For Respondent
Other Citations:Elf (Nig.) Ltd. v. Sillo (1994) 6 NWLR (Pt.350)258

ADIO, JSC (Delivering the Leading Judgment): In the Warri Judicial Division of the High Court of the defunct Bendel State of Nigeria, the respondents instituted an action, in a representative capacity, on behalf of themselves and of the Sillo family of Obodo town, against the appellant. Their claim, as stated in paragraphs 12(1) and (2) of the Amended Statement of Claim was as follows:-

"1. Compensation for loss of fishing rights in  perpetuity over the non-existence of Esiesi Rivers  based on loss of actual income to the family from 80 fishermen tenants at ₦30 per month for a period of forty years ... ₦1,152,000.00

2. Compensation for injury to the plaintiffs' family feelings of dignity and pride following the annihilation of the 'Oriomo' goddess of Esiesi River and the consequential discontinuance of the traditional rites associated with the satisfactory performance of the goddess assessed as... ₦98,000.00 ... ₦1,50,000.00

Pleadings were duly filed and exchanged by the parties. The …

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