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DR. TAMUNOSA A.T. ALLISON & ORS v. THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED

(2011) JELR 33920 (CA)

Court of Appeal  •  CA/PH/392/2010  •  17 May 2011  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; EJEMBI EKO JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

EJEMBI EKO, JCA (Delivering the Leading Judgment): Before the Federal High Court (Coram: R.M. Aikawa, J) sitting at Port Harcourt the appellants, as the Plaintiff, had the following claim in the statement of claim that accompanied their writ of summons taken out on 23rd August, 2007 in the suit no FHC/PHC/CS/1278/2007.

WHEREOF the Plaintiffs claim against the Defendant the sum of N50,000,000.00 (Fifty Million Naira) only as damages for trespass on the Plaintiffs' said land by clearing, drilling, dredging and installation of oil well heads, gas pipelines as well as destruction/stoppage of plaintiffs' economic life on the land.

The underlinings are provided by me for emphasis and purpose, which I shall come to in due course.

The parties exchanged pleadings. In paragraphs 2 and 5 of the statement of claim the Plaintiff now the Appellant, averred -

2. The Defendant is a limited liability company engaged in the business of oil exploration and exploitation in Nigeria with an office in po…

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