Shell Petroleum Development Company Nigeria Limited V. Chief Truelove Oruambo & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EJEMBI EKO, J.C.A (Delivering the Leading Judgment)

Before the Rivers State High Court (Coram: E.N. Ebete, J) the Appellant was the 1st Defendant at the suit of the 1st – 9th Respondents. The Appellant was sued along with two others, namely the 10th and 11th Respondents, who respectively were the 2nd and 3rd Defendants at the trial court. The Appellant and the 1st – 9th Respondents exchanged pleadings. The 1st-9th Respondents, as plaintiffs, filed a joint statement of claim on 16th May, 2000 wherein they claimed against the three Defendants as follows:-

i. A declaration that the Defendants, especially the 1st Defendant has no right to effect compensation payment to any person or group of persons, with respect to the Gas Gathering Associated Pipeline Project Structural Assessment which assessment took place on the 24th-28th days of February, 1999 at Cawthorne Channels 1, 2 and 3, along New Calabar river in Bakana Town of Degema Local Government Area of Rivers State, when the claims assessed for the Plaintiffs on that day were all removed from those to be compensated.

ii. A declaration that the Plaintiffs are entitled to be compensated at the same time with all the individual clamants in respect of the GAS GATHERING ASSOCIATED PIPELINE PROJECT STRUCTURAL ASSESSMENT which ASSESSMENT took place on 24th-28th days of February, 1999 At CAWTHORNE CHANNELS 1, 2 AND 3 along New CALABAR RIVER in BAIGNA TOWN of DEGEMA Local Government Area of Rivers State. Furthermore, an order of this Honourable Court that the Plaintiffs are entitled to compensation in the following orders –

a. 1st Plaintiff is entitled to the sum of N20,500,000.00 (Twenty Million Five Hundred Thousand Naira) only.

b. 2nd Plaintiff is entitled to the sum of N12,000,000.00 (twelve Million Naira) only.

c. 3rd Plaintiff is entitled to the sum of N10,000.000.00 (Ten Million Naira) only.

d. The 4h Plaintiff is entitled to the sum of N10,000,000.00 (Ten Million Naira) only.

e. The 5th Plaintiff is entitled to the sum of N10,000,000.00 (Ten Million Naira) only.

f. The 6th Plaintiff is entitled to the sum of N10,000,000.00 (Ten Million Naira) only.

g. The 7th Plaintiff is entitled to the sum of N10,000,000.00 (Ten Million Naira) only.

h. The 8th Plaintiff is entitled to the sum of N10,000,000.00 Ten Million Naira) only.

i. The 9th Plaintiff is entitled to the sum of N10,000,000.00 (Ten Million Naira) only.

The 2nd and 3rd Defendants, the present 10th and 11th Respondents, were presented in the statement of claim’ and sued, as “agents of the 1st Defendant” and that they “specialize in damage assessment, survey activities” and that between 24th and 28th days of February, 1999 they carried out evaluation or assessment of all property affected by the said Associated Gas Gathering Project at Cawthorne Channels 1, 2 and 3 along New Calabar River in Bakana Local Government Area at the instance of the 1st Defendant, the Appellant. That their “properties and that of the various claimants –were all assessed.” That notwithstanding the fact that during field assessment exercise by the 2nd and 3rd Defendants, during which their respective properties were identified “their names were removed from the list deliberately.” And that “they are entitled to be compensated by way of compensation payment just like any other person or group of persons who were assessed that day.”