The Shell Petroleum Development Company Of Nigeria Limited V. Kwameh Ambah (1999)

LAWGLOBAL HUB Lead Judgment Report

B. WALI, J.S.C.

By a writ of summons filed in Warri High Court of the then Bendel State, (now Delta State), the plaintiff, Kwameh Ambah (for himself and on behalf of Wesewese family of Ojobo in Burutu Local Government Area) claimed for the following relief against the defendant, the Shell Petroleum Development Company:

Claim-

“The plaintiff’s claim for himself and on behalf of Wesewese family of Ojobo in Burutu Local Government Council Area is for the sum of N30,000.00 (thirty thousand naira) being special and general damages suffered by the plaintiff and members of his family when the defendant by their agents and or servants destroyed the fish ponds, creeks, lakes, and channels lying and situate at Asesaoba near the Beniseide oil fields in Burutu Local Government Council Area, Bendel State of Nigeria in 1977 over which this honourable court exercises jurisdiction.

The defendants have neglected, failed and or refused to negotiate and or pay reasonable and or adequate damage (compensation) to the plaintiff and members of his family, despite repeated demands, wherefore, the plaintiff claims N30,000.00 (thirty thousand naira) as damages.”

Parties joined issues and exchanged pleadings.

In the further amended statement of claim and in paragraphs 6, 7, 8 and 9 thereof, the plaintiff averred as follows:

“6. In complete disregard of the plaintiff’s letter referred to above, the defendant’s agents and servants covered up fish ponds, fish lakes, fish channels and creeks of the plaintiff’s family in the adjoining area with the mud dredged from the area actually acquired, causing the plaintiff and his family colossal loss of their only means of livelihood, and in May, 1977, the plaintiff again wrote to the defendant requesting it to send its officials to the area to assess the damage done to them by the defendant. defendant sent no reply neither did it take any steps to assess the said damage. Plaintiff shall at the hearing rely on the said letter dated 24th May, 1977.

7. Again on 1st August, 1977, plaintiff sent a reminder to the defendant which also fell on deaf ears. The said fish ponds, fish lakes, creeks and channels have since become permanently destroyed. The property of the plaintiff’s family so destroyed and or rendered useless by the defendant and their value by way of special damage are:

a. Ten large fish ponds at N1,000.00 per fish pond ….. ….. ….. N10,000.00

b. Six medium size fish ponds at N500.00 per fish pond ….. N3,000.00

c. Eight big fish lakes at N500 per fish lake ….. ….. N4,000.00

d. Twenty long fish channel at N500 per fish channel ….. ….. N10,000.00

Plaintiff shall rely on the said letter dated 1st, August, 1977 at the hearing.

8. Plaintiff and his family made several attempts by visits to the office of the defendant at Warri to make the defendant see reason for the assessment and payment of reasonable and adequate compensation to them, but without avail.
9. The defendant has failed, neglected and or refused to pay reasonable and adequate compensation to the plaintiff and members of his family, despite repeated demands wherefore the plaintiff claims as follows namely:

‘The plaintiff’s claim for himself and on behalf of Wesewese family of Ojobo in Burutu Local Government Council Area is for the sum of N300,000 (three hundred thousand naira) being special damages and N3,000 (three thousand naira) being general damage suffered by the plaintiff and members of his family when the defendant by its agents and or servants destroyed the fish ponds, creeks, lakes and channels lying and situate at Aseaoba bush near the Beniseide oil fields in Burutu Local Government Council Area, Bendel State of Nigeria in 1977 over which this honourable court exercises jurisdiction.”