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CaseLaw

Shell Pet. Dev. Co. Ltd V. Ambah (1999) CLR 3(b) (CA)

Brief

  • Damages (Claim for destruction of property)
  • Pleadings (Amendment of)

Facts

Plaintiff (respondent) sued the defendants claiming that their fish ponds, fish lakes, fish channels and creeks were covered due the dredging of land belonging to the defendants which has served to deprive the respondents their means of livelihood.

Despite all effort they made, the respondents claimed that the appellant refused to assess the damage its servants caused or to compensate them for the loss of the fishing ponds, lakes, channels and creeks.

Following addresses by the parties, respondent applied to amend its Further Amended Statement of Claim. This was granted for amendment on 11th June. The court then delivered its judgment awarding a sum of N300, 000 to the respondents for the damages for the fish ponds, fish lakes, fish channels and creeks destroyed at the rate of N27, 000.00 per annum.

Appellants dissatisfied appealed to the Court of Appeal which dismissed it except that it reduced the damages awarded by N3, 000.

Appellants further appealed to the Supreme Court.

Issues

  • i
    Whether the learned Justices of the Court of Appeal were right in...
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