Elf Nigeria Ltd V. Opere Sillo & Anor (1994)

LAWGLOBAL HUB Lead Judgment Report

ADIO, J.S.C.

In the Warri Judicial Division of the High Court of the defunct Bendel State of Nigeria, the respondents instituted an action, in a representative capacity, on behalf of themselves and of the Sillo family of Obodo town, against the appellant. Their claim, as stated in paragraphs 12(1) and (2) of the Amended Statement of Claim was as follows:-

“1. Compensation for loss of fishing rights in

perpetuity over the non-existence of Esiesi Rivers

based on loss of actual income to the family from

80 fishermen tenants at N30 per month for a period

of forty years ……. N1,152,000.00

2. Compensation for injury to the plaintiffs’ family

feelings of dignity and pride following the annihilation of

the ‘Oriomo’ goddess of Esiesi River and the consequential

discontinuance of the traditional rites associated with the

satisfactory performance of the goddess assessed as……. 98,000.00

…….N1,50,000.00

Pleadings were duly filed and exchanged by the parties. The evidence led was that the appellant was a limited liability company engaged in oil exploration. As a result, the appellant, through its servants and agents, entered upon the respondents’ family land in the riverine areas of Warri Local Government in 1967. The appellant established subsequently various oil locations on the respondent’s adjoining family land near Esiesi creek or river which was the main source of fishing activities; the main occupation of the members of the respondents’ family.

The allegation of the respondents was that in the course of its operation in Esiesi river area, the appellant 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 Esiesi river at strategic points and that led to the siltation of the said river or creek consequent upon which the river or creek became unsuitable for fishing activities as in the past.