Shell B.P Ltd .v Jacob Abedi & Ors (1974)

LawGlobal-Hub Lead Judgment Report

FATAYI-WILLIAMS, J.S.C 

In his amended writ of summons in suit No. UHC/32/67 filed in the High Court at Ughelli, the plaintiff claimed as follows:

“1. Against the first defendant:12,000 being compensation due to the plaintiff from the first defendant in respect of prospecting for oil and mining operations, carried out by the first defendant on the plaintiff’s piece of land at Abadiama situate between Ovworighala and Abadiama Vlllage in Ughievben Clan within the Judicial Division of this Honourable Court since 1965.

2. Against 2nd and 3rd Defendants: Declaration of title as owners under Urhobo Customary Law of the land lying and situate between Abadiama and Ovworighala Villages of Ughievben Clan, Ughelli Judicial Division, Delta Province of the Mid-Western State of Nigeria.”

Because of the crucial role which pleadings are likely to play in the course of these proceedings, the pleadings will be set out in more detail than usual. Paragraphs 2, 3,4, 5, 6 ,7, 9, 10, 11; 12, 13, 14, 17, 18, 20 and 21 of the plaintiff’s amended statement of claim read:

“2. The 1st defendant is a limited liability company registered in Nigeria under the Companies Act and carrying on within Nigeria the business of prospecting for mineral oil (hereinafter called ‘the Company’).

3. The 2nd and 3rd defendants are Ijaws and have on their own application been joined by order of court as defendants representing the people of Gbekebor who are Ijaws (hereinafter called ‘the Gbekebors ‘).
4. The Abadiamas are owners in possession of the piece of land which is edged yellow on the survey plan attached hereto (hereinafter called ‘the land in dispute ‘).
5. The Abadiamas through their ancestors from time immemorial settled on the land in dispute when it was virgin forest and became owners in possession thereof according to the customary law of the Urhobos. They exercised and are still exercising full rights of ownership thereon.
6. They have on the said land their ancestral jujus worshipped in respective shrines; hamlets; cultivated farmlands; fishing canals; fishing ponds; rubber trees; palm trees and other natural forest products over which they have from time immemorial been exercising absolute and unchallenged right of ownership.
7. They said land is bounded by the lands of the Ovworigbala community, the Owahwa community, the Egbo community and the Forcados River.
8. About the month of June, 1966 the Abadiamas discovered that certain persons, later known to be the Company effected oil prospecting operation on the land in dispute in an area falling within what the Company now calls ‘Engolor Location’.
9. The area of land affected by the Company’s operation is approximately 4.249 acres.
10. Ashofovwi juju shrines, palm trees, raphia palm trees, fishing ponds, fishing canals, rubber trees and other propeny of the Abadiamas were damaged by the Company in the operation referred to in paragraphs 9 and 10 supra.
11. The company during the said operation excavated and removed soil from the land in dispute in an area measuring 60 yards long x 60 yards wide by 6″‘3 yards deep (Le.) 24,000 dubic yards. The excavated area is now submerged in water.
12. Property of the Abadiamas damaged by the Company in the said operation area:

(i) 534 palm trees

(ii) 12 raphia palm trees

(iii) 4 rubber trees

(iv) 36 fishing ponds

(v) 8 large fishing canals

(vi) 12 medium fishing canals

(vii) 15 small fishing canals

(viii) 3 shrines of Arhofovwi juju.

14. The Company did not make enquires from the Abadiamas as to persons entitled to ownership of the area of its operation within the said land before entering thereon. The Company did not payor offer payment of compensation or any fee to the Abadiamas for operation carried out on the land or damages caused as a result of such operation.
15. The Abadiamas are entitled to be paid damages and/or compensation by the Company for the operation carried out on the land as herein averred.
16. The Gbekebors have claimed ownership of the land in dispute or a portion thereof and on the basis of their claim they have disputed the rights of the Abadiamas to claim and received from the Company compensation for the Company’s operation and damages resulting therefrom as alleged herein.
17. The Gbekebors have never exercised any act of ownership on the land of the Abadiamas and are not entitled to ownership or possession thereof.
18. The Abadiamas have made several demands on the Company for payment but the Company has failed to pay compensation in respect of its operation canied out on the land in dispute.

Whereupon the plaintiff claims as per his writ of summons: