Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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 …

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