ABSTRACT

The title of this paper reads ‘The Rule In Ryland V Fletcher As A Panacea For The Control Of Environmental Pollution’ In Nigeria.This paper discuses the applicability of the common law principle as expunged in Ryland v fletcher (strict liability) in the prevention of pollution and environmental degredation in Nigeria.The issue of pollution has for longed plagued Nigeria and indeed the entire world as it has inocous and deleterious effects to human life,flora and funna,land,the eco system,and the economy on the long run.the work finds that the rule being subject to litigation is fraught with challenges like delay in prosecution of cases lack of funds on the sides of litigant ,ignorance of the law, which are akin to litigation in Nigerian legal system and that the application of the rule is still strictly construed in Nigeria.In some jurisdiction like India and Canada the rule is applied beyond the use of land and goes to road accident and air pollution respectively.Nevertheless,the rule has proved very effective in the fight against environmental pollution in Nigeria, safe for the limitations outlined in this work .However, there is need for further studies on the expanse of the scope of the application of the rule in Nigeria.This paper adopts the doctrinal method of research using primary sources of law (statutes and case laws) and secondary sources of law(textbook,journals etc) .Chapter one gives a brief introduction whilst explaining its relevance scope and delimitations,chapter two gives acomprehensive rundown of the rule in an attempt to provide a reader with better understanding of its workings.Chapter three goes the direction of examining the extant legal regimes in environmental protection in Nigeria and the role of the rule in mitigating in its consequential deficiencies.Chapter four addresses the cruxz of the matter by looking a tthe rule in Nigeria and beyond, while chapter five provides our conclusion and recommendation on this research topic.