Chevron Nigerian Limited V. Chief Chimezie A. Osigwe (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment)

This Suit was commenced at the Federal High Court, Port Harcourt as suit No. FHC/PH/CS/1124/98 and later transferred to the Umuahia Division of the Federal High Court in 2001. On creation of the Owerri Division of the Federal High Court in 2004, the suit was, again, transferred to Owerri Division.

It suffered several striking outs and relistings, and hearings, de-novo. It was finally heard as FHC/UM/CS/07/2002 by Hon. Justice F.A. Olubanjo, who delivered the judgment on 14/2/2011 and gave judgment to the Plaintiff (now Respondent) as follows:

“The sum of N16,225,950 (Sixteen Million Two Hundred and Twenty Five Thousand, Nine Hundred and Fifty Naira) as special damages; the sum of N10m (Ten Million Naira) as General Damages and the sum of N23m (Twenty Three Million Naira) as Aggravated Damages. Consequently, the Defendant shall forthwith pay the Plaintiff a total sum of N49,225,950”

The claim by the Respondent at the trial Court, as per his further Amended statement of claim on page 100 of the Records of Appeal, was for:

“A: N60,000,000.00 (Sixty Million Naira) being special general and aggravated damages in that on or about sometime in 1993, the Defendant and its agents, while engaged in the business of the Defendant caused shooting (dangerous and negligent) of some explosions which cracked the plaintiff’s palace, the underground tank, the venerated tomb/grave of plaintiff’s father, his 3 bedroom bungalow, his fence, which unlawful act occasioned great damage/loss to the plaintiff

B: N5,000,000.000,00 (Five Billion Naira) for the death, willful Negligence, Aggravated and general damages resulting from the murder of his mother Premie Madam Titi Mgbeokwere Osigweh by the acts of the Defendant through its agents and in the cause of its business

Particulars of Special Damages

A special damages:

(a) (i) physical structure (Destroyed and Cracked) = N14,225,950.00

(ii) Reparation/Appeasement = N2,000,000.00

(b) General Damages = N20,774,050.00

(c) Aggravated Damages = N23,000,000.00

B. (a) Murder of premie Madam T.M. Osigweh = N3,000,000.000,00