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CHIEF A.S. AMOS & ORS V SHELL-BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD. & ANOR

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CHIEF A.S. AMOS & ORS V SHELL-BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD. & ANOR

Legalpedia Citation: (1975-06) Legalpedia (SC) 24069

In the Supreme Court of Nigeria

Tue Jun 24, 1975

Suit Number: SC. 42/1976

CORAM


SOWEMIMO, JUSTICE, SUPREME COURT

IDIGBE, JUSTICE, SUPREME COURT

OBASEKI, JUSTICE, SUPREME COURT


PARTIES


CHIEF A.S. AMOS

CHIEF S.J. IGONIWARI

CHIEF M.M. ATAMATA

MR M.O. EGIRANI

MR D.O. DAMIRI (For themselves as individuals and on behalf of Ogbia Community, Brass Division)

APPELLANTS 


SHELL-BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA

NIGER CONSTRUCTION CO. LTD

RESPONDENTS 


AREA(S) OF LAW


TORTS-NUISANCE

 


SUMMARY OF FACTS

The appellants as riparian owners of a navigable tidal waterway sued the respondents for trespass for unlawful damages and nuisance caused by the blockade erected by the respondents on the waterway

 


HELD


The court held that the appellants were not entitled to any damages because the respondents had proved that they were not trespassers but co-owners of land in the area claimed by the appellant

 


ISSUES


Whether the appellants were entitled to general damages under the Petroleum (Drilling and Production) Regulation 1969

 


RATIONES DECIDENDI


BINDNESS OF PLEADINGS


“It is enough to say, as this court has on many occasions in the past stated, that parties are bound by the triable issues raised in their pleadings and on which a judgment had been given.” Per SOWEMIMO, JSC

 


CASES CITED


1. ARGYLE MOTORS (BIRKENHEAD) LTD V. BIRKENHEAD CORPORATION (1973) 1 ALL E.R 866

 


STATUTES REFERRED TO


1. MINERALS ACT CAP 121

2. PETROLEUM DECREE NO 51/69

3. PETROLEUM (DRILLING &PRODUCTION) REGULATIONS 1969

4. LAND CLAUSES CONSOLIDATED ACT 1845

5. OIL PIPELINES ACT CAP145

 


CLICK HERE TO READ FULL JUDGMENT

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