AGBINO OBIOMA & ORS V. LAWRENCE EMEYE OLOMU & ORS
August 4, 2025A.O. WILLIAMS V. LAGOS STATE DEVELOPMENT AND PROPERTY CORPORATION
August 4, 2025Legalpedia Citation: (1978-03) Legalpedia (SC) 16111
In the Supreme Court of Nigeria
Fri Mar 3, 1978
Suit Number: SC. 225/1975
CORAM
P. NNAEMEKA-AGU, JUSTICE, SUPREME COURT
BELLO
PARTIES
SHELL-BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED
APPELLANTS
HIS HIGHNESS PERE COLE (The Pere of Kumbowei Clan (Sagbama))
CHIEF F. BOMOR
JONAH OGBA
B.P. OWOUBRIOWEI
ANDISON EVINSON
JONES SOFADOH
S. W.B. AKONFA (For themselves and on behalf of Sagbama Community in Kumbowei Clan in Western Ijaw Division)
RESPONDENTS
AREA(S) OF LAW
APPEAL – DAMAGES- COURT
SUMMARY OF FACTS
The trial court awarded damages for destruction of the respondents land due to oil prospecting activities. Some of the heads of claim were not proved by the respondents.
HELD
The court partly allowed the appeal and set aside the part of the award not proved.
ISSUES
Whether the learned trial judge was right in his assessment of damages.
RATIONES DECIDENDI
PROOF OF SPECIAL DAMAGES
Special damages must be pleaded and strictly proved – Bello J.S.C.
WHEN THE COURT OF APPEAL WILL INTERFERE WITH THE FINDINGS OF FACT OF THE TRIAL COURT
the Court of Appeal will not ordinarily interfere with the findings of facts by the trial Judge but where there is ample evidence and the trial Judge failed to evaluate it and make correct findings on the issue, the Court of Appeal is in as much a good position as the trial court to deal with the facts and to make proper findings – Bello J.S.C
CASES CITED
Chief James Okpiri & Ors v. Chief Igoni Jonah & Ors (1961) 1 All NLR 102.
Olalere Obadara & Ors v. The President, Ibadan West District Court (1964) 1 All NLR
Oladipo Maja v. Learndro Stocco (1968) NMLR 172
Dumez (Nigeria) Ltd. v. Patrick Nwaka Ogboli (1972) 1 All NLR 241
West African Examinations Council v. Joseph Ceylon Koroye (1977) 2 S.C. 45
STATUTES REFERRED TO
Not Available
