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CaseLaw

SPDC V. Anaro (2015) CLR 6(h) (SC)

Judgement delivered on June 5th 2015

Brief

  • - Negligence and Rule in Rylands v Fletcher – Whether one act can give rise to both
  • Repealed Acts - Whether repeal of an enactment can affect the right of a person which existed before the repeal
  • Cause or matter – Applicable laws to
  • Federal High Court – History of
  • Section 19 of the Admiralty Jurisdiction Decree 1991
  • Section 230(1)(s) of the Constitution (Suspension and Modification) Decree No.107 of 1993
  • Section 230 of the Constitution (Suspension and Modification) Decree No.107 of 1993
  • Section 251 of the 1999 Constitution
  • Section 230 of the 1979 Constitution
  • Section 236 of the 1979 Constitution
  • Sections 7(6) and 8(1) of the Federal High Court Act Decree No. 60 1991
  • Section 57 of the Evidence Act
  • Section 3(1) of the Minerals Act

Facts

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 - N4,095,085.00
  • 2
    Suit No. W/17/83 - N13,278,306.00
  • 3
    Suit No. W/72/83 - N7,392,589.00
  • 4
    Suit No. W/80/83 - N5,522,701.00

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 appeal. The appellant was still not satisfied and appealed to the Supreme Court.

Issues

  • 1
    Whether the State High Court had jurisdiction to try the consolidated suits...
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