Shell Petroleum Development Company (Nigeria) Ltd V. Chief Tamuno J. Awillie-odele-okogbo & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, JCA (Delivering the leading Judgment)

This is the judgment in respect of the appeal filed by the appellant against the judgment of High Court of Bayelsa State in suit NO. YHC/23/2002 delivered on 10/12/2004. Parties to the appeal exchanged briefs of argument after the transmission of record of appeal.

In the appellant’s brief learned counsel for the appellant formulated 3 issues for determination to wit:

“(a) Having regard to the evidence and findings of the trial court is the defendant/appellant liable to the respondents for the actions of an independent contractor in this dispute?

(b) Did the respondents discharge the onus of proof placed on them for each of the items of special damages as claimed in this suit?

(c) was the trial court right in making the award of damages it ordered for each of the items claimed having regard to the principles of double compensation in the award of damages?”

The Respondents in their brief formulated three issue for determination. The issues are:-

“3.1 ISSUE I

Whether the court below was right in holding that the Appellants ratification of their independent contractors acts by virtue of Exhibits H and K it was liable for the tort of nuisance against the Respondents.

3.2 ISSUE II

Whether issues (b) and (c) raised in the appellants brief of argument are competent.

3.3 ISSUE III

Whether the court below was right in awarding damages to the tune of N28, 359,650,000.00 against the appellants as claimed by the Respondents.”

Issue 2 of the Respondent’s brief challenges the competence of issues (a) and (b) raised in the appellants brief of argument.