Alame & Ors v Shell PLC & Anor
The limitation period for private law claims under Nigerian law is 5 years, governed by state limitation statutes. The doctrine of continuing torts/statutory breach is applied per UK Supreme Court in Jalla, with fresh causes of action arising for repeated torts. Section 11(5)(b) of the Oil Pipelines Act enables claims against licence holders for pipeline spills caused by third party interference if neglect is established; third party interference is not a defence to such claims. Regulation 26(2) of OSDAR cannot limit OPA recovery. Remediation and compensation are assessed factually. OPA ousts common law claims against licence holders but not against other parties. Common law claims for...
- Parties
- Claimant: Alame & ors.; Claimant: Chief Minapakama & ors.; Claimant: Okpabi & ors.; Claimant: Ejire Awala & ors.; Claimant: Okochi Nwoko Ododo & ors.; Defendant: Shell Plc; Defendant: Renaissance Africa Energy Company Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 20 June 2025
- Procedural Posture
- Group Litigation (multi Party Environmental Tort and Statutory Claims) / Preliminary Issues Trial (before Full Pleadings and Main Trial)
- Outcome
- Preliminary issues determined; claims for illegal refining under nuisance, trespass, Rylands v Fletcher dismissed; fundamental rights claims ancillary and cannot proceed under FREP rules; limitation period for private law claims is 5 years; OPA does not oust common law claims against non-licence holders.
- Legal Topics
- Oil Pollution, Limitation Periods, Continuing Torts, Statutory Breach, Third Party Interference, Strict Liability, Remediation, Vicarious Liability, Fundamental Rights, Horizontal Effect, Ancillary Principle, Causation, Common Law Ouster, Scope of Duty, African Charter Enforcement
Case Brief
Summary, issues, holding and outcome
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Parties
Alame & ors.
Claimant
Chief Minapakama & ors.
Claimant
Okpabi & ors.
Claimant
Ejire Awala & ors.
Claimant
Okochi Nwoko Ododo & ors.
Claimant
Shell Plc
Defendant
Renaissance Africa Energy Company Limited
Defendant
Procedural Posture
Group Litigation (multi Party Environmental Tort and Statutory Claims) / Preliminary Issues Trial (before Full Pleadings and Main Trial)
Legal Issues
- 1 Applicable limitation period for private law and fundamental rights claims
- 2 Extension of limitation by continuing tort/statutory breach
- 3 Liability under Oil Pipelines Act for third party interference and illegal refining
Ratio Decidendi
The limitation period for private law claims under Nigerian law is 5 years, governed by state limitation statutes. The doctrine of continuing torts/statutory breach is applied per UK Supreme Court in Jalla, with fresh causes of action arising for repeated torts. Section 11(5)(b) of the Oil Pipelines Act enables claims against licence holders for pipeline spills caused by third party interference if neglect is established; third party interference is not a defence to such claims. Regulation 26(2) of OSDAR cannot limit OPA recovery. Remediation and compensation are assessed factually. OPA ousts common law claims against licence holders but not against other parties. Common law claims for...
Court Disposition
Preliminary issues determined; claims for illegal refining under nuisance, trespass, Rylands v Fletcher dismissed; fundamental rights claims ancillary and cannot proceed under FREP rules; limitation period for private law claims is 5 years; OPA does not oust common law claims against non-licence holders.
Orders
- Limitation period for private law claims is 5 years.
- Doctrine of continuing torts/statutory breach applied per Jalla.
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