The Shell Petroleum Development Company Of Nigeria Limited V. MR. R. T. Ogolo & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment)

This appeal amongst a host of other issues principally revolves around the perennial problem of delimiting the Jurisdiction of the Federal High Court under Section 251 (1) of the Constitution of Nigeria 1999 (as Amended) with regards to a claim, on the one hand whose subject matter the Appellant has insisted is grounded in negligence and damages on the Respondent’s properties; Farm House and Farm Animals and on the other hand, one whose subject matter the Respondent did not dispute, but had insisted the cause of action arose in 1996 long before the commencement of the 1999 Constitution (as amended) and particularly Section 251(1) of the said Constitution.

The issue of proper evaluation of documentary evidence and as well the consideration of the tort of negligence and the question of damages were also dealt with.

?In suit number FHC/UM/CS/74/2004 filed at the Federal High Court, sitting at Umuahia, Abia State of Nigeria, the Plaintiffs (who is hereinafter referred to as “the Respondent”) by a writ of summons dated the 20-3-1999 and filed on 22-3-1999 claimed against the

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Defendant (who is hereinafter referred to as “the Appellant”) the following reliefs:

“Therefore the Plaintiffs’ Claim against the Defendant is for the sum of N63,000,000.00 being special and general damages suffered by the Plaintiffs as a result of flood caused by the Defendant.”

Pleadings were subsequently ordered and the Respondents filed their Amended statement of claim dated the 7-11-2006. The Appellant filed its statement of defence dated and filed on the 21-6-2000. The Respondents as Plaintiffs called two witnesses in proof of their case while the Appellant as Defendant called one witness.

The Lower Court having heard the cases of the parties and held that the Respondents have sufficiently pleaded negligence and have adduced credible evidence to show a duty of care owned them by the Appellant and that same was breached and that the Respondents have suffered damages in the sum of Twenty-One Million, Six Hundred and Two Thousand, Three Hundred and Twenty Four Naira, Fifty Kobo (N21,602,324.50) as special and general damages. See page 205 of the records. Judgment was therefore entered against the Appellant on the 22nd February, 2013.<br< p=””

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Dissatisfied with the lower Court’s judgment, the Appellant has appealed to the Court of Appeal by a Notice of Appeal dated 25th February, 2013. The Appellant with leave of Court filed an Amended Notice of Appeal dated 30th of January, 2015. There are a total of five (5) Grounds of Appeal. These Grounds of Appeal are reproduced here without their particulars as follows;

GROUNDS OF APPEAL:

1. The learned trial Judge erred in law and in fact when he held that it was the Appellant’s negligence that caused the flooding of the Respondents’ farm.
2. The learned trial Judge erred in law and in fact when it held that the Respondents led evidence to prove their case and held the Appellant liable for the alleged flood disaster to the Respondents’ farm.
3. The learned trial judge erred in law when he relied on the valuation report tendered by the Respondents as a basis for the award of the sum of N11,602,324.50k as Special damages in that the award was an entirely erroneous estimate of the loss suffered by the Respondents and an arbitrary exercise of discretion.
4. The learned trial judge erred in law in awarding a total sum of N21,602,324.00

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