UMUDJE V. SHELL -BP PET. DEV. CO. OF NIG. LTD

2. TORTS - Rule in Rylands v. Flectcher - Application and Limitations thereof

Following the same rule (Rylands v. Flectcher (supra) it is now generally accepted that a person who diverts a natural stream or causes the same to become blocked and in this way diverts its natural course does so at his peril and is liable for any damage caused by the failure of his works to contain the diverted streams although there was no negligence on his part, subject only to a few exceptions. (see Charlesworth Negligence 4th Ed. Art 555; Clerk and Lindsell Torts 13th Ed. Art 1500). Per C. IDIGBE, J.S.C. at P. 9, Para. C.

2. TORTS - Rule in Rylands v. Flectcher - Application and Limitations thereof

Following the same rule (Rylands v. Flectcher (supra) it is now generally accepted that a person who diverts a natural stream or causes the same to become blocked and in this way diverts its natural course does so at his peril and is liable for any damage caused by the failure of his works to contain the diverted streams although there was no negligence on his part, subject only to a few exceptions. (see Charlesworth Negligence 4th Ed. Art 555; Clerk and Lindsell Torts 13th Ed. Art 1500). Per C. IDIGBE, J.S.C. at P. 9, Para. C.

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