Mrs. Comfort Olufunmilayo Asaboro & Anor V. Pan Ocean Oil Corporation Nigeria Limited & Anor (2017)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.

This is an appeal against the judgment of the Court of Appeal Holden at Benin City in appeal No. CA/B/212/99 delivered on the 27th day of June, 2005 dismissing the appeal of the appellants against the decision of the Delta State High Holden Court at OGHARA delivered on the 20th day of August, 1998

The facts of the case include the following:

Appellants herein were plaintiffs at the High Court of Delta State who instituted suit No HCH/44/94 against the respondents as defendants in which they claimed the following reliefs as contained in their Further Amended Statement of Claim to be found at pages 114 – 119 of the record to wit:

“(a) A declaration that as leaseholders in respect of the Asaboro Rubber Estate in Oghara, Plaintiffs are persons entitled to be paid fair and adequate compensation for Defendants entry on the land and damages caused therein.

(b) A declaration that the Defendants in entering the Asaboro Rubber Estate and cutting down Plaintiffs rubber trees, destroying rubber Estate and other improvements on the plaintiffs

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land without paying and or tendering fair and adequate compensation to the plaintiffs, are in breach of their obligations under their oil mining lease and regulation applicable thereto their entry upon their activities on the said Estate oppressive and wrongful.

(c) The sum of N300,000,000.00 (Three Hundred Million Naira) being fair and reasonable compensation due and payable to plaintiffs by the Defendants for their entry and their activities on the Plaintiffs Rubber Estate involving extensive destruction of the rubber trees in the plantation and extensive damage of the land by the wasteful burrow pits dug thereon.

(d) The sum of N200,000,000.00 (Two Hundred Million Naira) being punitive and or aggravated damages suffered by the plaintiffs as a result of the defendants refusal to comply with the mandatory requirement of the Petroleum Drilling and Production Regulations from 1971 to date restricting defendants from entering or occupying or exercising any rights or powers over plaintiffs private land until it paid or tendered to the person lawfully in occupation fair and adequate compensation.

(e) Injunction restraining the

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defendants, their servants, agents and/or privies from further entering onto the said land, remaining thereon or doing anything thereon or carrying on any oil exploration activities thereon or doing anything thereon until it complies with the said Petroleum Regulations regulating their Oil Mining Lease or License.

Emphasis supplied by me.