Dadoru Benson V. Mobil Producing (Nig.) Unltd. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

T. O. AWOTOYE J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of appeal against the decision of Federal High Court Yenagoa Bayelsa State delivered on 14/7/09 in suit No. FHC/YNG/CS/4305-4320/06 Dadoru Benson (suing through his lawful attorney Chief Francis E. Egele) V. Mobil Producing (Nig.) Unlimited.

The plaintiffs/appellants took out the writ of summons on 10/11/06. By their paragraph amended statement of claim dated 13/5/2008 the plaintiffs claimed as follows:

“1. Five Hundred and Ninety Nine Thousand Nine Hundred and Ninety Nine (599,999) bundles of fishing nets at N10,000.00 per bundle of net which sum is N5,999,990,000.00.

WHEREOF the plaintiff claims a total sum of five Billion, Nine Hundred and Ninety Nine Million Nine Hundred and Ninety Thousand Naira) being special damages for the destruction of the plaintiff’s fishing nets amounting to 599,999 bundles by the Defendants Oil spillage.”

Paragraphs 4 – 10 of the amended statement of claim aptly summarise the claim of the plaintiffs. They read

“4. On or about the 12th day of January, 1998, the Defendants Oil pipe got ruptured at Idoho (Eket) in Akwa Ibom State Nigeria which resultant effect was an oil spillage (or dissemination of crude oil into the waterways) the defendant tagged the said oil spillage as IDOHO OIL SPILLAGE.

5. The said oil spillage affected the fishing nets of the plaintiff in rivers where it operated in Bayelsa State.
6. As a result of the massive oil spill, which affected parts of Bayelsa State, the defendant co-opted the community Relations committee to jointly carry out the post impact assessment, enumerate the victims and the properties affected as well as take record of same.
7. At the various assessment centers as it affects the plaintiff the defendant and C.R.C enumerated and recorded the bundles of fishing nets affected against plaintiffs name. At the trial plaintiff shall rely on the comprehensive valuation list of the affected victims/properties in Bayelsa State. The plaintiff’s bundle of fishing nets enumerated and recorded is/are six hundred thousand (600,000) bundles of fishing nets.
8. Between September to December 1998, the Defendant made payments to the victims by issuing Allstate Trust Plc cheques in their names and allocated random amounts ranging from N10, 000.00 etc against each name. The least beneficiary was paid the sum of N10, 000.00. At the trial plaintiff shall rely on the payment schedule list as verified by C.R.C. The defendant negotiated and agreed with the Plaintiffs, their attorneys and C.R.C. to pay the sum of N10, 000.00 for a bundle of fishing net/inconvenience. Plaintiff was paid only N10, 000.00 without recourse to the quantum of plaintiffs bundles of fishing nets assessed and recorded.
9. Before the payment exercise plaintiff amongst others complained to defendant and C.R.C. about the irregularity in the payment and defendant by a letter to C.R.C dated 6/10/98 promised to remedy same.

The said letter is hereby pleaded and defendant is given a notice to produce.

10. Despite repeated demands the defendant has failed and or neglected to make adequate payment, commensurate with the number of nets it destroyed as recorded against the plaintiff’s name.”

The defendant filed its statement of defence on 6/11/2008. By paragraphs 4 -5 of the statement of defence the defendant raised the defence that the action was statute barred paragraphs 4 -5 of the statement of defence read thus:

“4. The defendant avers that the Plaintiff’s Writ of summons and Statement of Claim was filed at the Registry of this Honourable Court on 10th November 2006, more than six years since the cause of action in this matter arose.

5. The defendant avers that having commenced the action after six years since the accrual of the cause of action thereof the action is time barred.”

The defendant/respondent subsequently by its motion on Notice filed on 11/5/09 prayed for the dismissal of the action on ground of its being statute barred in view of section 16 of the Limitation Law of Bayelsa State. Section 16 of the Limitation Law reads:-

“No action founded on contract, tort or any other action not specifically provided for in parts I and II of this Law shall be bought after the expiration of five years from the date on which the cause of action accrued.”

After hearing the parties the learned trial judge held as follows:-

“On the defendant’s motion on Notice which raised the issue of statute-bar, the first point is that paragraphs 9 and 10 of the Amended Statement of Claim are correct and there an acknowledgement and thus a revival of the cause of action, time will start to run from 1999.