In the Warri Judicial Division the respondents (as plaintiffs) instituted the action in a representative capacity, on behalf of themselves and of the Sillo family of Obodo town, against the appellant (as defendant).

The respondents claimed that In the course of the appellants operation in the Esiesi River or creek in Obodo District, Warri, they constructed a number of canals to connect the nearby waterways to its various Oil Locations and in the process diverted the natural course and flow of the Esiesi River/Creek which led to the salutation of the River/Creek and the River/Creek became unsuitable for fishing activities. They claimed compensation for loss of fishing rights and income for 80 fishermen.

Pleadings were duly filed and exchanged by the parties.

The trial Judge found as a fact that it was the operations of the appellant that caused the siltation and left the river as a ghost of its former self and also that the siltation of the river caused by the operation of the appellant was harmful to and was responsible for disappearance of fish from the river. The court awarded the respondents N288,000.00 representing the amount realisable from the fishermen tenants calculated over 10 years instead of 40 years. It disallowed the other claims.

Dissatisfied with the judgment of the learned trial Judge the appellant appealed to the Court of Appeal which upheld the findings of fact of the Judge and affirmed his judgment. being further dissatisfied the appellant appealed to the Supreme Court.