Archive for May, 2020

SC/3/2007 Between: Mrs. Comfort Olufunmilayo Asaboro & Anor vs. Pan Ocean Oil Corporation Ltd.& Anor

This was a civil case that started from the High Court of Justice, Oghara, Delta State, through the court of appeal. Benin Division and ended at the Supreme Court, Abuja.
In this case. Prime Chambers successfully defended her client, Pan Ocean Oil Corporation Nigeria Limited. The appellants at the High Court of Delta State sitting at Oghara claimed the following reliefs:

  1. A declaration that as leaseholders in respect of the Asaboro Rubber Estates in Oghara. plaintiffs are persons entitled to be paid fair and adequate compensation for defendants’ entry on the land and damages caused therein.
  2. A declaration that the defendants in entering the Asaboro Rubber Estate and cutting down plaintiffs rubber trees, destroying rubber estate and other improvements on the plaintiffs land without paying and or tendering fair and adequate compensation to the plaintiffs, are in breach of their obligations under their Oil Mining Lqase and the regulations applicable thereto and their entry upon and the regulation applicable and their activities on the said Estate are oppressive and wrongful.
  3. The sum of N300.000000.00 (Three Hundred Million Naira) being fair and reasonable compensation due and payable to plaintiffs by the defendants for their entry and their activities on the plaintiffs’ rubber estate involving extensive destruction of the rubber trees in the plantation and extensive damages of the land by the wasteful burrow pits dug thereon.
  4. The sum of N200,000,000.00 (Two Hundred Million Naira) being punitive and or aggravated damages suffered by the plaintiffs as a result of the defendants refusal to comply with the mandatory requirement of the Petroleum Drilling and Production Regulations from 1971 to date restricting defendants from entering or occupying or exercising any rights or powers over plaintiffs’ private land until it paid or tendered to the person lawfully in occupation fair and adequate compensation.
  5. Injunction restraining the defendants, their servants, agents and/or privies from further entering onto the said land remaining thereon or doing anything thereon or carrying on any oil exploration activities thereon or doing anything thereon until it complies with the said Petroleum Regulations regulating their Oil Mining Lease or Licence.

Prime Chambers successfully defended Pan Ocean and save her from paying over N500,000,000.00 (Five Hundred Million Naira) only. Judgement was delivered by the Supreme Court in favour of Pan Ocean Oil Corporation Nigeria Ltd on 13/01/2017. The case is reported as Asaboro vs Pan Ocean Oil Corporation Nigeria Ltd [2017] All Federation Weekly Law Report (Part 884) page 1696. 


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