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ENVIRONMENTAL AND NATURAL RESOURCES LAW CASES/JUDGMENTS (2)

POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR

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ENVIRONMENTAL AND NATURAL RESOURCES LAW CASES/JUDGMENTS (2)

[Judgment(s) and Indexes are listed and published here for free but can procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]

TITLEMAIN ISSUES
KUKOYI V ODUFALEENVIRONMENTAL LAW AND NATURAL RESOURCES:- Forest Land claimed as Forest reserve by Government – Interests over same created for persons allowed to farm and reside thereon – Whether same as title over land – Legal implication
MERLIN AND ANOTHER V BRITISH NUCLEAR FUELS PLCENVIRONMENTAL AND NATURAL RESOURCES LAW:- Pollution from nuclear plants – Proof of radioactive contamination of residential homes due to ionizing radiations emanating from nuclear fuel reprocessing plant – Whether not enough to found liability – Whether proof of actual damage to property or person is required – Art 1(k)(i)c of the Vienna Convention on Civil Liability for Nuclear Damage 1963
NIGERIAN NATIONAL PETROLEUM CORPORATION V. FAMFA OIL LIMITED & ANORENVIRONMENTAL AND NATURAL RESOURCES LAW:- Nature of res in an action related to oil and gas production – Capital intensive nature of – Implication for financing and stakeholders’ framework – Implication for justice administration
SHELL PETROLEUM DEVELOPMENT COMPANY LIMITED V. PRINCE OGAN MAFIMISEBI & ORSENVIRONMENTAL AND NATURAL RESOURCES LAW:- Pollution of aquatic and ecological environment by oil spill leading to destruction of fish farms, fishing equipment, waterways, rivers, coastal line, livestock and vegetation – Claim for compensation thereto – What claimant must prove – Need to attach claim to legally provable principles in special or general damages – Effect of failure thereto
THE SHELL PETROLEUM DEV. CO. OF NIG. LTD v. CHIEF MARK EJEBU & ANORENVIRONMENTAL AND NATURAL RESOURCE LAW: – Claim representing general and special damages for the blockade of AKANAFA LAKE by a road construction project of a major oil multinational – Sand-filling and complete blockage of a natural lake resulting in excessive flooding on one side of community and dryness in the other – Access road constructed at the request, and to the satisfaction, of the claimant community as part of its policy of providing infrastructure to assist host communities – Offer of out of court settlement – Whether admission of guilt – The plea of limitation – When deemed not to avail the Defendant
THE SHELL PETROLEUM DEVELOPMENT COMPANY NIGERIA LIMITED V. CHIEF TIGBARA EDAMKUE & ORSENVIRONMENTAL RIGHTS AND NATURAL RESOURCES LAW: Environmental pollution arising from oil pollution – assessment of damages thereof – relevant considerations
THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED v. CHIEF ARTHUR JOHN & ORS.ENVIRONMENTAL LAW AND NATURAL RESOURCE LAW: Awards or Compensation for damages to the environment due to oil related activities – Legal hurdles – Relevant considerations
THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED V. SIBEATE KANGI & ORS.ENVIRONMENTAL LAW AND NATURAL RESOURCES:- Oil pollution impacting land, waters and means of livelihood of community – Claim for compensation – Special and general damages – What needs to be proved to succeed – Relevant considerations ENVIRONMENTAL LAW AND NATURAL RESOURCES: – OIL POLLUTION – BURDEN OF PROOF: – Party who asserted injury caused them by oil spillage – Whether has the initial burden of proof to prima-facie establish the facts they so assert and that until that burden has been discharged it does not shift to the Appellant to prove the contrary of what the respondents asserted – How discharged – Relevant considerations
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