There are two applications before the court:
i) an application by the claimants for restoration of the claims that have been the subject of an extended stay since 2014 and directions to trial;
ii) an application by the defendant, seeking an order that the claims should be struck out as provided in a consent order sealed on 15 October 2021; alternatively, pursuant to CPR 3.4(2)(a) and/or (b); or reverse summary judgment pursuant to CPR 24.2.
These proceedings arise out of two oil spills that occurred in the vicinity of the Bodo Creek in the Gokana Local Government Area of Rivers State, Nigeria. The first incident occurred on about 28 August 2008, when erosion and rupture in the 24" Bomu-Bonny SPDC Trans-Niger Pipeline at Sivilbilagbara in the Bodo Creek caused a spillage of crude oil into the creek that continued until about October/November 2008. The second incident occurred on about 7 December 2008, when erosion and rupture on the Trans-Niger pipeline at Bodo Bia Barima area in the Bodo Creek caused an oil spillage that continued until about February 2009.
For the reasons set out above:
i) The claimants' application to restore the claim is granted.
ii) The defendant's application for summary judgment and/or strike out is dismissed.
iii) The court orders the above directions for trial fixed for 17 February 2025.