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B + B GAS & OIL SERVICES (NIG.) LTD V. TIMOTHY GARDE AGE MADAM MARGARET AGE MRS. TCDUYOKPEI (NEE AROR) DAVID DIYOVWI ELIZABETH KEBE POWER AYE (FOR THEMSELVES AND ON BEHALF OF ONOKPANU/ULE FAMILY OF OVWIAN)

(2006) JELR 55205 (CA)

Court of Appeal  •  CA/B/43/2003  •  12 Jan 2006  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA (Presided) NWALI SYLVESTER NGWUTA JCA (Read the Lead Judgment) UWANI MUSA ABBA-AJI JCA

Judgement

NGWUTA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Delta State High Court, sitting at Effurun, delivered on 16th November, 2000 in suit No. FHC/120/97.

The respondents (then plaintiffs) sued the appellant (as defendant), claiming the following reliefs:-

“Claim:-

The plaintiffs’ claim against the defendant is for a declaration that the plaintiffs are the persons entitled to the customary right of occupancy in accordance with the Udu clan customary law of allthat portionof land lyingand situate alongthe Ovwian/ UjeuwuRoad, Ovwina, within the jurisdiction ofthis honourable court.

(b) N10,000,000.00 (ten million naira) being special and general damages, suffered by the plaintiffs when the defendant broke and entered plaintiffs’ family land and destroyed economic trees, fish life by unlawfully emptyingexcreted faeces into the fish ponds for several years despite all protests by the plaintiffs. (c) An order of perpetual injunction restraining the defendan…

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