SPDC
V.
ANARO & ORS

(2015) JELR 44398 (SC)

Supreme Court · SC.52/2005 · 5 Jun 2015 · Nigeria

CORAM

JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms ^Beta

bendel state high court

trial court

federal high court

court of appeal

submission of the learned counsel

light of decree no

sections of decree nos

parts of his evidence

minerals act

admiralty matters

admiralty jurisdiction decree

state high court

said suits nos

suit no. w

end of the trial

supreme court

doctrine of res ipsa loquitur

plaintiffs claims

modification of other provisions

argument of the learned counsel

none of the supreme court cases

rights of the plaintiffs

leading judgment

favour of the plaintiffs

appellant's counsel

evidence of pw1

learned trial judge

laws of the federation of nigeria

minerals act cap

respect of the causes

water courses

decision of the trial court

such causes

separate actions

appellant's brief

concurrent jurisdiction

jurisdiction

said government

oil spillage

decree no.

exclusion of other members

foregoing provisions of this part of this act

purported exercise of any power

exclusive jurisdiction

valuers reports

consolidated suits

shell development company of nigeria limited

cardinal principle of law

hearsay evidence

KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): Four separate actions were instituted by the Plaintiffs herein seeking damages from Shell Development Company of Nigeria Limited for oil spillage. The said suits Nos. W/16/83, W/17/83, W/72/83 and W/80/83 were instituted for and on behalf of Obotobo, Sokebolo, Ofogbene (Ezon Burutu) and Ekeremor Zion (Ezon Asa) Communities respectively. The suits were consolidated by Order of the then Bendel State High Court on 21/3/85. At the end of the trial in which parties called witnesses, the trial court in a judgment delivered on 27th May, 1997 in favour of the Plaintiffs awarded damages as follows:-

1. Suit No. W/16/83 - ₦4,095,085.00

2. Suit No. W/17/83 - ₦13,278,306.00

3. Suit No. W/72/83 - ₦7,392,589.00

4. Suit No. W/80/83 - ₦5,522,701.00

The defendant was dissatisfied and appealed against the judgment to the Court of Appeal, Benin City in CA/8/255/97. The Court of Appeal delivered its judgment on 22nd May, 2000 dismissing the …

SPDC V. ANARO & ORS

SPDC
V.
ANARO & ORS