MRS. COMFORT OLUFUNMILAYO ASABORO & ANOR V. PAN OCEAN OIL CORPORATION (NIG) LTD & ANOR

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering Leading Judgment): This appeal is against the judgment of Umukoro J. of the Delta State High Court, then of Oghara Judicial Division.

The appellants were the Plaintiffs and the Respondents the Defendants in the Court below.

Endorsed on the Writ of Summons dated 7th July, 1994, are the following claims:

"(1) A declaration that the Plaintiffs are entitled to the Certificate of Occupancy/Customary right of Occupancy over those pieces or parcels of land lying and situate at Oghara along Benin/Sapele Road, Ethiope West Local Government Area within the Jurisdiction of this Honourable Court, the dimension and abuttal of which are more particularly described and delineated in Pink in the Survey Plan to be filed in this action.

(2) The sum of N200,000,000.00 (Two Hundred Million Naira) damages and/or compensation for trespass, destruction of Plaintiffs rubber trees in the Plantation on the said land and extensive damage of the land by oil spillage ari…