CaseLaw
Shell Pet. Dev. Co V. Tiebo (2005) CLR 4(a) (SC)
Judgement delivered on April 8th 2005
Brief
Facts
The Respondents as the Plaintiffs commenced their suit on 6th June, 1988 at the Yenagoa High Court of Rivers State claiming against the Defendant for the sum of sixty four million, one hundred and forty six thousand naira being special and general damages for the negligence of the Defendant and for allowing crude oil, which the Defendant was mining, to spill into the lands, swamps, creeks, ponds, lakes and shrines of the Plaintiffs. The Plaintiffs sued for themselves and as the representatives of the Peremabiri Community in YELGA.
The parties filed and exchanged pleadings after which the suit was heard by Blankson J. In all, the Plaintiffs called nine witnesses in support of their case. The Defendant called three. At the conclusion of hearing, the learned trial Judge in his judgment on 27/2/91 awarded in Plaintiffs favour, general damages totaling six million naira and one million naira costs.
Dissatisfied with the judgment of the trial Court, the Defendant brought an appeal before the Court of Appeal, Port-Harcourt Division (hereinafter referred to as 'the Court below'). On 27th March 1996, the Court below in its judgment dismissed the appeal. The Defendant has come before this Court on a further appeal.
It suffices to say by way of a background that the case made by the Plaintiffs before the trial Court was that the Defendant, an oil exploration company, on 16th January 1987, negligently caused a major crude oil spillage of over six hundred barrels from its flow station and on its pipeline or other installations at or near the Plaintiffs' village called Peremabiri.