UMUDJE & ANOR.
V.
SPDC NIGERIA LTD

(1975) JELR 46235 (SC)

Supreme Court · SC.254/1973 · 28 Nov 1975 · Nigeria
·

Other Citations

UMUDJE & ANOR. v. SHELL BP PETROLEUM DEV. COMPANY OF NIGERIA LTD (1975) 9-11 S.C. (REPRINT) 95

CORAM

ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Editorial Summary

The plaintiffs/respondents sued the defendants/appellants in negligence and under the rule in Rylands v. Fletcher for damage done to their farmlands, fishing ponds and fishing lakes. The trial court found for the plaintiffs and awarded damages. Aggrieved, SPDC filed this appeal to the Federal Supreme Court. The Federal Supreme Court set aside the award of damages but dismissed the appeal. The Court also laid down principles governing the rule in Rylands v. Fletcher, while distinguishing it from negligence.

Core Terms ^Beta

learned trial judge

plaintiffs farm land

access road

worded claim

crude oil

trial court

high court of midwestern state

free flow of water

negligence of the defendants

total award

learned judge

oil-waste pit

ground of appeal fails

utefe stream

escape of the chemicals

claim of damages

first ground of appeal

result of the activities of the appellants

end of the trial

unenurhie land

evidence shows

area of land

support of their case

damage

reasonable compensation

particulars of negligence

said lakes

law awards

see willes j.

flow of water

lower court

above claim

material paragraphs of the respondents statement of claim

justice of the case demands

sum of the argument

respondents

leading judgment

causes of action

oil waste

natural course of the utefe stream

appellants

specific findings

parcels of land

flood season fishes

adequate control

defendants location

C. IDIGBE, JSC (Delivering the Leading Judgment): This is an appeal from the judgment of Ogbobine J., in the High Court of Midwestern State sitting at Ughelli in a rather inartistic, if not badly worded claim against Shell-BP Petroleum Development Company of Nigeria, the appellants, by the respondents (members of the Enenurhie - EVWRENI - Community) which reads:-

"The plaintiffs' claim against the defendants as follows: for

(a) the sum of 50,000 pound being fair and reasonable compensation due payable by the defendants to the plaintiffs for the damage done by the defendants, by and through their agents to plaintiffs farm land, fishing ponds, fishing lakes on plaintiffs' land, known as and called Oto Edefema and IWHREMO BUSH in that the defendants by themselves their servants and or their agents wrongfully and partially blocked the Utefe stream and the original channel or waterway hatched green in the survey plan No. AR 1391, now replaced by the Access Road sometimes in 1969/70 and als…

UMUDJE & ANOR. V. SPDC NIGERIA LTD

UMUDJE & ANOR.
V.
SPDC NIGERIA LTD