GALINJE JCA (Delivering the Lead Judgment): In their final amendedstatement of claim dated 1 December 2008 and deemed filed on 31 March 2009, the respondents herein who were plaintiffs at the Federal High Court sitting atYenagoa, Bayelsa State, claimed for themselves and as representing 82 fishing communities the following reliefs:
A declaration that the 28, 324 claimants represented by the plaintiffs on record are entitled to compensation arising from the Shell Petroleum Development Company Nigeria Limited Trunkline Nembe Creek Spillage of 22 and 23 December 2003. An order that the 28, 324 claimants be paid a sum equal to the sum paid to each claimant in thedefendant’s list or alternatively, the sum of N500,000.00 (five hundred thousand naira) which is N14,162,000.00 (fourteen million, one hundred and sixty- two thousand naira) to each of the 28,324 claimants in the plaintiff’s list.
The appellant filed a 14 paragraph statement of defence. Pleadings having been filed and exchanged, t…