Seismograph Services (Nig) Limited V. Melshedeck E. Meduoye (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: (Delivering the Leading Judgment)

This appeal is against the judgment delivered on 17/3/1999 by the High Court of Justice, Delta State, Warri Judicial Division (hereafter simply referred to as “the lower court”) presided over by Hon. Justice (Mrs.) P.O. Onajite-Kuejubola (hereafter simply referred to as “the learned trial Judge”).

The action in which the lower court delivered the judgment appealed against, was instituted by the Respondent as Plaintiff and the lower court in the said judgment found the Respondent’s claim to have succeeded and awarded in his favour, damages assessed at N358,180.00 and interest at 10% thereon per annum from 17/3/99, till the same is paid.

The instant case was contested by the parties on pleadings which they filed and duly exchanged consequent to the Writ of Summons dated 15/9/1993 that issued by the order of the lower court. The Appellant as Defendant before the lower court also amended its pleading. The case of the Respondent as set up in his Statement of Claim dated 18/4/1994 which was eventually filed in the suit, briefly stated is for damages done by the Appellant to the plaintiff’s properties, economic crops, fishing nets/fences and juju shrines to mention a few, at Odun Bekun Community in Ilaje/Ese-Odo Local Government Area of Ondo State, while the said Appellant was carrying out oil exploration and other related activities in the area.

It is worth stating that the Respondent as Plaintiff before the lower court procured the order of the said court on 4/10/1993 authorising him to sue and prosecute the instant case for himself and on behalf of Odun Bekun Community of Ilaje/Ese-Odo Local Government Area of Ondo State. The claims of the Plaintiff as contained in paragraph 17 of the Statement of Claim are as follow:-

“PARTICULARS OF DAMAGES

SPECIAL DAMAGES:

1. Cost of re-allocation and to resettle the shrine of the Ojualaga N142,098.00
2. Cost of the re-allocation and to restt.of the Baba Aji 62,078.00
3. Cost of the three buildings destroyed by the defendant N92,000.00
4. Value of the 5 (five) fishing channels destroyed by the defendant 100,000.00
5. Value of the fishing fences destroyed by the defendant 26,000.00
6. Value of yams, plantains, coconuts, cashew trees, sugar canes

and mango trees 15,000.00

7. Value of fish traps destroyed by the defendant 600.00

N437,776.00

GENERAL DAMAGES 62,024.00

Total: N500,000.00

The Plaintiff claim from the defendant through this Honourable Court the said sum of N500,000.00 (Five hundred thousand naira) plus interest of 10% (ten percent) per annum on the said sum of N500,000.00 from the 1st day of September, 1992 until compensation is paid or judgment given whichever is quicker.”

In its Amended Statement of Defence dated 13/9/1996, the Appellant as Defendant before the lower court did not deny carrying out activities in connection with oil exploration, in the area/community of the Respondent. The Appellant however claimed to have observed all safety precautions/regulations in relation to the activities it carried out in the area/community. In the circumstances, the Appellant denied any wrong doing in the area/community of the Respondents and also any liability to the Respondent.

Parties in the case adduced evidence through witnesses in support of their respective cases on the pleadings. Two piece of documentary evidence were also tendered at the hearing. These were marked Exhibits ‘A’ and ‘B’ respectively. The lower court in its judgment duly evaluated the evidence (both oral and documentary) and entered judgment in favour of the Respondent in the manner hereinbefore stated.