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Alaeto & Ors. v. Nwapi & Ors.

(2006) JELR 56911 (CA)

Court of Appeal  •  CA/PH/78/2003  •  11 Dec 2006  •  Nigeria

Coram
ISTIFANUS THOMAS JCA (Presided) MONICA BOLNA’AN DONGBAN-MENSEM JCA I. MOHAMMED MUSA SAULAWA JCA (Read the Lead Judgment)

Judgement

SAULAWA JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Rivers State High Court holden at Omoku by Coram J.N. Akpughunum J; delivered on 14/01/2003. As it would appear from the records of the trial court, the present appellants had on 06/4/2001 caused a writ of summons to be issued by the said trial court against the two sets of respondents seeking the following reliefs:-

1. Declaration that plaintiffs are part of the larger Ikigoha family of Omokoroshi within the jurisdiction of the honourable court and they hold the Okwerere Manunu farmland jointly with Deyiocha family.

2. Declaration that plaintiffs are jointly entitled to any compensation payable in respect of the oil spillage of the 2nd set of defendants which occurred on or about 15th April, 2000 affecting the said Okwerere Manunu farmland.

3. Declaration that plaintiffs are persons entitled to a share of the sum of ₦1.5 million initial payment already made to the 1st set of defendants by the 2nd…

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